(KEW  YORK.  )  ,  1651 


IVhen  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Ever'lhing  comes  t'  him  who  waits 

Except  a  loaned  book." 


THE 


Clerk's  Magazine  : 

Containing  the  moft  Ufeful  and  Neceffary 

FORMS  of  WRITINGS, 


Which  commonly  occur  between  Man  and  Man, 

THE  NAMES  OS 

Deeds,  Mortgages, 

Declarations,  Notes,  Pleas, 

EKchanges,  Petitions, 

Gifts  and  Grants,  Receipts, 

Indentures,  Releafes,  \^ 

Leafes,  Sales, 


Acquittances, 
Agreements, 
Allignments, 
Awards, 
Eargaioi, 
Bi'ls, 
Bonds, 
CoBveyances, 
Covenants, 


Letters  of  Attor-  Surrenders, 

ney,  Wills, 
LiTeryandSeiiln,    Writs,  &c.  &c. 

And  Other  Instruments. 

CALCULATED  FOR  THE 

Ufe  of  the  Citizens  of  the  United  States. 


To  which  are  adJed, 

The  Conftitution  of  the  United  States, 
and  Amendments  thereto  ; 
The  Conftitution  of  the  State  of  New- York  ; 

An  A61  of  Congrefs  prefcribing  the  mode  in  which  the  Public 
Acls,  Records  and  jfudieial  Proceedings  in  eadi  State  fli?l!  bt 
authenticated,  fo  as  to  take  efFeft  in  every  other  State; 

An  Aft  refpefting  the  Eleflors  of  a  Prejidentof  the  United  States ; 

The  Money  of  Atcouut  of  the  State  of  New- York  ; 

Together  whh  a  Schedule  of  the  v-hole  N-umber  of  Inhabitants 
in  the  United  States,  and  in  the  feveral  Counties  of  this  State. 


A  L  B  A  N  T: 
Printed  by  CHARLES  R.  and  GEORGE  WEBSTER, 
and  fold  at  their  BookftorC)  corner  of  State  and  Pearl-ftrects, 
ti  c  1}  Dar.iel  L.ie€!c,  comer  cf  Hudfon  and  Court- ftrectt. 


r  iiiiii  Bii  ii  m  unimntkii^tik 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


To  the  Public. 


In  a  great,  free  and 
commercial  Country,  in  which  the  affairs 
of  the  ftate  and  the  rights  of  individuals 
alTume  a  variety  of  forms  and  diftinclions,  the 
modes  of  public  bufinefs  and  of  civil  regula- 
tion become  multiplied  and  intricate.  In  or- 
der to  render  juftice  certain,  policy  efficient, 
and  the  laws  in  general  prompt  and  eafy  of 
execution,  it  is  proper  that  every  procedure 
fhould  have  its  diftindl  form,  and  thefe  forms 
once  eftablifhed  become  eifential  to  a  fyftem, 
and  are  formed  into  a  fcience,  which  every 
officer,  every  magiftrate,  and  every  man  of 
bufinefs,  are  concerned  in  fome  meafure  to 
underftand.  In  the  great  variety  and  daily 
prelfure  of  affairs,  in  which  thofe  forms  become 
ufeful,  it  is  impoffible,  in  moft  cafes,  and  ex- 
penfive  in  all,  to  obtain  profeffional  advice, 
and  the  individual,  attempting  to  proceed 
without  fuch  advice,  though  with  the  aid  of  a 
found  judgment,  is,  at  every  ftep,  in  danger 
of  fome  error,  or  fatal  defeat,  in  his  proceed- 
ings— It  is  highly  important,  therefore,  that 
every  perfon  concerned  in  the  tranfadions  of 
bufmefs  of  moment,  whether  public  or  private, 
and  particularly  every  magiftrate  and  civil 
officer,  fhould  have  fome  plain  and  pradiical 
guide  always  at  hand,  to  which,  on  all  oc- 
cafions,  they  may  apply  for  a  rule  or  a  prece- 
dent adapted  to  the  cafe — The  facility  it  gives. 


and  the  labor  and  perplexity  it  faves  in  all 
civil  bufinefs,  is  beyond  calculation,  and  a 
perfon  of  common  underftanding,  poflefled  of 
a  judicious  colledtion  of  forms  and  precedents, 
will  find  that  very  little  fcience,  and  very  lit- 
tle exercife  of  mind  are  neceflary  to  his  duty. 

The  Editors,  after  beftowing  much  care 
and  diligence  in  the  compilation,  venture  to 
lay  before  the  public  a  volume,  in  which,  they 
flatter  tht  mfelves,  will  b'e  found  a  ufeful  Col- 
lection of  authentic  Precedents,  adapted  to 
the  pui  pofes  of  civil  and  commercial  bufinefs. 
They  have  been  chiefly  ft;udious  to  feledl  fuch 
eftabliflied  Precedents  from  Englifli  books^ 
as  have  been  adapted  or  fandioned  by  long 
and  indifputable  ufage  here,  and  to  add  fuch 
Practical  Forms  as  had  been  devifed,  or  ren- 
dered neceflary  in  confequence  of  our  various 
ftatutory  provifions,  and  other  peculiar  cir- 
cumftances ;  having  a  confl:ant  regard  to  ob- 
jects of  common  and  fubfi;antial  utility,  in 
preference  to  matters  of  an  abfl:rufe  nature  of 
more  remote  concern. 

In  ^orr,  the  Editors  have  endeavored  to 
obtain  as  great  a  variety  of  Artkles,  and  to 
comprife  them  within  as  fmall  a  compafsas  pof- 
fible — and,  as  they  have  taken  much  pains  in 
felefting  Precedents  of  approved  authority,  it 
is  hoped  that  mofl:  men  of  bufinefs,  that  even 
profeflional  gentlemen,  and  particularly  thofe 
in  civil  office  and  in  the  magiftracy,  will  find 
in  this  Uttle  Colleftion  fomething  to  inftrud 
and  afTifl:  them. 

Charles  R.  and  George  Wehfier. 


Albany,  ifl:  Augufl:,  1800. 


INDEX- 


A  CCOUNT,  Money  of,  aft  relatiVe  to  in  this  date  310 
ACQUITTANXES.    S.cReceipte.  64 
AC  I  a,  RLCORDS  and  Judicial  Pioceedingsof  each 
ftate  ;  mod    in  which  they  (hall  be  authenticattd 
fo  as  to  take  tffeft  in  every  other  ftate,  prefcribed 
bv  Corgrefs  3°? 
ADMINISTRATION,  letter  of  227 
  bond  228 


AFFIDAVITS  165 
— . —  of  the  tenant  refufing  to  defend  an  ejeftment,  in 

order  to  have  the  landlord  admitted  defendant  165 

 of  countermanding  notice  of  trial  166 

— —  that  no  notice  was  given  of  executing  a  writ  of 

inquiry  to  fet  it  afide  ibid 
  by  an  attorney,  that  notice  was  given  of  a  writ 

of  enquiry  167 
— —  to  change  the  venue  ibid 

  of  ih:  want  of  a  material  witnefs  to  put  off  a  trial  ibid 

 .  for  increafe  of  cofts  after  trial  168 

■  for  cofts,  foi  plaintifPs  not  proceeding  to  trial 

according  to  hit  notices  169 

■  for  judgment  (as  in  cafe  of  non-fuit)  for  not 

proceeding  to  trial  the  next  circuit  after  the 

iffu-"  joined  ibid 
— —  of  ferving  a  rule,  and  dcman.-JinT  cods,  in  order 

to  obta  n  aii  att.ichment  by  tlie  defendant  170 

  by  letter  of  attorney  ibid 

  to  move  an  arrell  of  judgment,  or  new  trial  ibid 

  to  obtain  leave  to  enter  up  a  judgment  on  an  old 

warrant  of  attorney  17 1 

  that  the  plain. iff  has  not  the  deeds  172 

  that  the  plaintiff  had  deeds  but  has  loft  them  ibid 

-— ^—  of  feeing  di-eds  executed  ibid 

■  that  the  defeedaQt  cai.not  anfwer  without  fight 

of  dcedg  1 7  3 

A 


INDEX. 


Affidavit  that  the  deftndant  cannot  anfwer  without  fight 

of  goods  ij^ 

1  that  ihe  defendant  is  not  able  to  attend  to  give 

his  anfwer  to  obtain  a  dtdimus  poteftatem  ibid 

■  of  a  pauper,  that  he  is  not  worth  five  dollars  to 

profecute  in  forma  pauperis  ibid 

:             to  defend  in  forma  pauperis                      •  ibid 

•            that  the  defendant  is  fick  and  not  able  to  anfwer  174 

f      —  on  ;iflignment  of  judgment  that  the  perfon  has 

not  received  fatisfaftion  ibid 

■  '      —  of  money  being  paid  to  fet  afide  a  judgment 

where  fatisfadtion  is  not  entered  ibid 

■  —  of  fervice  of  a  fubpcena  in  chancery,  where  are 

feveral  dtfendanis  175 

«i      —  where  two  fubpoenas  ferved  on  many  defendants  ibid 

—  of  fervice  of  fubpcena  for  cofts  ibid 

-  —  of  ferving  a  fubposna  to  hear  judgment  176 
»i  I       of  the  plaintiff's  feeing  a  perfon  ferve  a  fubpoena 

where  ihe  perfon  who  ferved  the  fubpoena  is 

either  dead  or  abfconds  ibid 
.           that  defendant  abfconds  in  order  to  avoid  being 

ferved  with  a  writ  of  fubpcena  ibid 

■  —  of  wafie  committed,  on  granting  an  injunftion  177 

.  of  ferving  an  injunftion  'bid 

.  of  fervice  of  a  decree  ibid 

 whcic  the  plaintiff  cannot  be  found  1  78 

 of  the  folemnization  of  marriage  ibid 

■  that  the  pinintifF  treated  the  jury  179 
,  that  a  dibt  remains  due  and  no  part  of  it  received  ibid 

■  —  that  a  perfon  is  feized  in  fee  ibid 

 th  ic  lands  are  of  fuch  a  yeaily  value  on  a  purchafe  i3o 

ARTICLESof  AGREEMEN'l  orCONTKACTS  13 
  for  the  fale  of  an  cftaie,  with  a  penal  claufe  for 

*              performance  of  covenants  ibid 

.1            for  lebuilding  of  mills  15 

..  between  a  merchant  and  his  apprentice  1 6 

■■  of  marriage 

Agreement  for  building  a  houfc  20 

.  tor  a  hired  fervant 

I       —  on  3  fale  of  wheat  *2 

 bttwe>'n  T  houfekccper  and  his  lodger 

AS3AUL1"  and  BAT  TERy,  petition  to  judge  for  bail  in  215 


INDEX. 


3 


Aflault  indlftment  at  the  feflions  for  254. 

ASSIGNMENTS,  definition  of  JO<S 
AfTiguraent  of  a  Icafe  -  20 

■  of  a  bond  loS 

■  of  a  judgment  recovered  107 

■  of  a  leafe  by  an  executor 

■  ■  -  of  a  mortgage  ^ '  I 
— —  of  a  man's  whole  eftate,  in  confideration  of  feveral 

debts  and  engagements  11* 

•  ■  of  a  mortgage  for  a  term  of  years  ibid 

'■'  of  a  aicfTuagc  for  a  term  of  years  by  way  of  in- 

dorfcment,  and  of  a  bond  forjhe  payment  of 
the  mortgage  money,  and  for  performance  of 
covenants  with  a  letter  of  attorney  lij 
ATTACHMENT  of  privilege  211 
*  againft  the  fheriff  for  contempt  212 

ATTORNEY,  LETTERS  and  WARRANTS  of,  defined  45 
Attorney,  general  letter  of  46 

■  to  receive  a  legacy  47 
— —  to  recover  rent  48 
■'  to  make  a  diftrefs  ibid 

irrevocable,  to  receive  annuities  49 
■■  to  leafe  or  fell  lands  50 

■  to  deliver  fcifin  of  lands  5 1 
to  receive  feifin  of  lands  ^bici 

■  irrevocable,  to  receive  money  due  on  a  bn^id  5  2 
-           ffom  a  failortohis  wife  to  receive  his  wages,  &c.  ibid 

  revocation  of    ■  53 

-— —  Power  of,  to  transfer  public  ftock  or  receive  di- 
vidends on  234 

"  to  receive  military  invalids'  prnfions  235,  250 

■  Warrant  of,  to  appear  and  pUad  to  an  aftion 

commenced  55 

•  to  confefs  judgment  ibid 

•  to  confefs  judgment  on  a  bond  54 

— —  to  acknowledge  fatisfadlion  on  a  judgment  ibid 
'  ■         to  confefs  judgment  in  ejcftment  5^ 

■  affidavit  to  obtain  leave  to  enter  up  judgment  on  171 
AWARDS  and -ARBITRATIONS  defined  24 

Award  made  by  two  arbitrators  ibid 

 or  umpirage,  for  want  of  a  determination  by  arfai- 

trators  chofcn  25 


4 


INDEX. 


Award  by  a  fingle  perfon  elefted  to  arbitrate  27 

Submillion  to  arbitration,  in  order  to  make  it  a  rule  of  court  ibid 
B 

BAIL  BOND  35 

  piece  fpecial  i8a 

— —  declaration  on  bail  azj 

notice  of  bail  2:)^ 

BAILIFF  pro  hac  vice,  return  of  a  refcue  from  215 

BARGAINS  and  SALE  and  Bills  of  Sale  defined  67 

Bargain  and  fale  of  landi  ibid 

Bill  of  of  fale  j^oodi  68 

•  ■          of  (herifFs  232 

-— —  form  of  indorfing  livery  and  feifin  69 

— —  of  part  of  a  (hip  by  indenture  ibid 

'             of  adventure  at  fea  70 

BENCH  WARRANTS  251 
— — —  in  oyer  and  termintr  when  the  defendant  16  baila> 

ble  of  courle  by  an  ordinary  magiftrate  ibid 

«— —    in  the  'tfli  Dnsdo.  ibid 

■  in  oyer  and  terminer  in  cafes  of  felony,  or  where 

the  defendant  h  not  to  be  bailed  of  courfe  252 

BILL  at  the  fuit  of  an  ii.fant  by  guardian  191 

'             ag;iinil  an  attornty  for  words  184 

■  to  the  (heriff  to  bring  in  the  body  of  the  defend- 

ant in  a  plea  of  trcfpafs  189 
The  zc  etiam  daufr — in  debt — in  ajfumpfu — in  trefpafs— 
in  trover — in  detinue— in  covenant-  in  ajfault  and  lattery— 

in  debt  upon  recognizance  J  90 

"BILLS  and  NOTES  for  payment  of  money  28 

Pet  !il  bill  for  payment  of  money  ibid 

Single  bill  for  payment  of  money  without  a  penalty  ibid 

Prominbry  notes  or  notes  for  payment  of  money  ibid 

— — —  obfervations  on  29 

BONDS  and  ihe  CONDITIONS  thereof  29 

Bond  with  a  condition  from  one  to  two  31 

I   .                         from  two  to  one  ibid 

 from  three  to  one  32 

■  from  one  to  two  ibid 

 from  three  to  three  ibid 

—  to  the  ftate  which  is  of  the  like  nature  of  a  recogni- 
zance and  always  of  the  fame  efScacy        ^  45 

— — —  Adniiiiiiltation  228 

— —  Arbitraiion  230 


INDEX. 


5 


Bond  Bail      ^  33 

—  Declaration  on     -  zzz 

 Pica  on  225 

— —  on  t'lje  bargain  and  falc  of  lands,  to  execute  a 

deed  on  payment  of  confideiation  money  231 
BONDS,  SPECIAL  CONDITIONS  of  _  3+ 

•  Counter  bond,  or  bond  of  indemnity  ibid 

-  Counter  bond  where  one  is  bail  for  another  on  a 

bail  bond  ibid 

■  of  indemnity  on  a  fherlfF's  granting  a  replevin  35 
 for  payment  of  money  on  marriage  or  death,  for 

goods  fold  ibid 

■  ■         of  arbi:ration  bond  without  or  with  an  umpirage  36 

■  for  payment  of  money  on  feveral  days  37 
—  for  payment  of  money  quarterly  38 

■  ■         for  payment  of  money  at  the  endof  an  apprentice- 

Ihip,  or  on  marriage  with  a  particular  petfon  ibid 
■    —  to  marry  a  certain  perfon  or  pay  a  fuin  of  money  39 

■  ■    ■      for  payment  of  a  fum  yearly  to  two  perfons  dur- 

ing their  lives  ibid 
i  for  performance  of  covenants  40 

■  to  free  a  town  from  burden  of  a  baftard  child  ibid 
— —  for  payment  of  an  annual  fum  to  one  perfon 

durinsT  life  43 
BOOKSELLERS,  indenture  of  co-partner(hip  between  i  zj 

CAPIAS  ad  refpondendum  151 

—  ■  in  an  aftion  qui  tain  ibid 
CA.  SA.  in  debt  206 

■  in  ca/f — in  ccroenant — in  trefpafs — in  ejeflmeni — 

for  the  defendant  on  a  non  pros — for  au  admin  'if- 
trator  tn  debt  20'J 

-  vs.  msnacaprorcs  poft  fi,  fa.  208 
'  poft  R.  fa.  de  bonis  propriis  2og 

  in  qui  tarn  21 1 

Cafnal  Ejector,  writ  of  pofleflion  on  judgment  againft  21^ 

CENSUi>,  ofihcnhabitanrs.ofthe  United  States,  taken 
according  to  aft  ■)f  Congrefs,  of  tft  March,  1  790,         3  j  | 

—   of  the  inh  abitants  of  the  feveral  couniies  .n  the 

ftare  of  New-  York,  taken  according  to  faid  acl  -  "» 
CERTIORARI,  to  a  julticc  of  the  peace  fiS 

 remrn  to  jtij 

A  2 


6 


INDEX. 


Ceitiotari  to  rhe  general  feffions  to  remove  an  indidlment 

into  the  fupreme  court  217 
*  return  to  ibid 

COMMISSION  for  the  examination  of  witncffes,  in- 

fttuflions  tor  the  execution  of  247 
CONDITIONS  SPECIAL  of  bonds.    See  bonds. 
CONSTITUTION  of  the  United  States  265 
Amendments  propofed  by  Congrefs  281 

—   lefpediing  the  fuability  of  ftates  284 

Conftiiuiion  of  the  ftate  of  New-Yoik  285 
CONTEMPT,  attachment  againft  the  (hetiff  for  212 
CONTRACTS,    See  Articles  of  Agreement. 
CONVEYANCES  defined  145 
Gifts  and  grants  71,  73 

Bargain  and  fale  for  a  year  146 
Releafe,  or  deed  with  covenants  147 
'  ihis  form  in  general  ufed  in  thisftate  150 

■  Quit-claim  152 

■  without  covenants  153 

■  common  warranty  ibid 

—  on  fale  by  mortgage  •  154 

:  by  (heriffs  on  fale  by  execution  1 57 

■  •  of  partition  between  three  copartners,  co^ei^^^^es  160 

•  by  feoffment,  with  a  letter  of  attorney  to  graitt 

livery  and  feifin  i  58 

See  Mortgages,  Leafes,  Wills  and  Codicils. 
COPARCENERS,  CoheiieCfes,  Deed  of  partition 
between  ic8 
COPARTNERSHIP,  between  two  bookfellers  1 27 

CORONER,  writ  to  fararaon  the  fherifF  212 

•   See  inquifitions  by  260,  &c. 

COVENANTS,  definition  of  124 
Covenant  for  payment  of  rect  and  performance  of  cove- 
nants of  ieafe  affigneJ,  and  to  indemnify  the  aflignor 
thereof  to  be  inferted  in  the  afTignment  ibid 
■     in  a  leafe,  that  the  lefTor  may  upon  6  months  notice 

take  part  of  the  premifes  into  his  own  hands  125 
or  provifo  in  the  leafe  allowing  the  tenant  to  be 
fiee  before  the  end  of  the  term  granted  126 

■  writ  of  enquiry  on  213 

3;'  itnture  of  ccj  arinerfhip between  two  bookfellcis  127 
Chsiter  party  of  afTignment  134 
See  B  'luls,  fpeciai  conditio'is  of 
CREDITORS,  compofition  with  137 


INDEX. 


7 


D 

DEBTOR,  letter  of  licence  to  I35 
Examination  of  Witncfles,  inftrudtions  for  executing  a 

commiflion  for  247 

DECLARATION  on  a  mutuatua  221 

.           on  a  bond  222 

■      —  on  a  bail  bond  223 

—  of  ejedlment  237 

DECLARATION  of  TRUST  on  a  mortgaged 

term,  without  furrender  1 18 

by  way  of  affignment  IJ9 


DEEDS  of  lands  and  mcffuages.    See  Conveyances. 

DEFEASANCES  dtfined  1T4 
Defeafance  of  a  bond  anJ  judgnnent  ibid 

DISTRESS  for  REN  V,  definition  of  96 

  Inventory  to  be  taken  in  making  ibid 

•  Letter  of  altoiney  for  making  48 

 notice  to  the  tenant  of  97 

'  manner  of  proceeding  in  making  98 

Appraifers'  oath  (j6 

DISTRINGAS  for  jury  at  the  circuits  197 
—  juratoresat  the  circuit  with  Ihuckjury  and  or- 
der for  view  198 
E 

EJECTMENT,  declaration  of  237 — Confent  rule  in  244 
—  —  warrant  of  attorney  to  confefs  a  jui'gment  5^ 
ELECTORS  of  a  Prtfident  and  Vice-Prcfident  of  the 
United  States,  ad  of  Congrefs  prtfcribing  the  time 
within  which  they  (hall  be  appointed  in  each  ftatc— 
the  day  of  their  meeting,  and  the  manner  in  which 
thty  fiiall  make  return  of  their  proceedings  307 
EXCHANGES,  definition  of  71 
Exchange  of  lands  for  a  term  of  years  7j 
F 

FEDERAL  CONVENTION,  names  of  the  mem- 
bers of,  and  the  dates  they  reprefented  277 
Rel'olutions  of  the  convention  relative  to  the  conftitution  278 
Letter  ftom  the  convention,  fubmitting  to  congrefs  the 
conftitution,  which  to  them  had  appeared  "  the  mod 
advifeable"  279 
FEOFFMENT,  deed  of,  with  a  letter  of  attorney 

to  grant  livery  and  fcilin  158 
FI.  FA.  on  judgment  for  plaintiff  in  aflumpfiC  199 


8  INDEX. 

Fi.Fa.  in  ajfaull  Ti^iA  lattery— ix\  cowr.ant — In  ej cement-'  ■ 

in  trcjpafs-  in  debt  -  in  trefpafsfur  defendant  300 

.         in  cafe,  againft  adminiftrator  who  confeU'es  the  debt  201 

.         upon  a  non  pros  for  not  declaring  20« 

  againft  naanucaptorcs 

for  cofts,  on  judgment  for  defendant  203 

  for  a  fum  awarded  by  referees  in  favor  of  defendant 

in  the  common  pleas 

  teftatumin  cafe 

FORCIBLE  EN  TRY,  writ  to  fummon  a  jury  to 
enquire  of,  and  inquifition  on  240 

GIFTS  and  GRANTS  defined  7* 

Deed  of  gift  of  a  perfonal  cllate  7* 

 of  lands  by  indtniure  •  74 

Grant  of  an  annuity  by  ii;den^re  73 

HABEAS  CORPUS,  to  a  mayor's  court  216 

ibid 

.   return  to 

 (heriff's  return  to  a  *43 

I  J 

IMPROVEMENTS  on  LANDS,  proceedings  to 
affefe,  und.r  the  8ih  fe^ion  of  the  aft  of  partition  241 
_ —  inquifition  thereor>  '  ' 

INDENTURES,  definition  of  »20 

^  -    ■   common  of  apprentict  (hip  _  '2> 

 for  putting  oul  a  poor  boy  apprentice  123 

Some  nectffary  obfe.  vatior.3  in  relation  to  indentures  of 

apprcnticf  flv.p  ,     1  r  n 

Indenture  of  copartne.fhip  betwetn  two  bookfelkrs  12? 

INDICTMENTS,  definition  of  „  ^,    •  , 

,  for  affanlting  and  (hooting  a  conftablc  in  the 

execution  of  his  office  ^55 

 arainlf  a  conftabk  for  extorting  money  from  a 

perfon  ^ppu  bended  on  a  bench  warrant  ibid 

 for  petit  larceny,  without  caption  254 

 foraffault  nnd  b=--tery  _ 

.  for  grand  larceny,  with  a  caption  }SS 

 fc;r  dealing  a  promiffory  note 

 U,r  forgery  '5 

JnUicln^.t'ilsfor  bnigl  iry 


:in^.inisior  oiiigi.i.  y  -a 
 for  robbery  on  the  highway  ^i" 


INDEX. 


9 


Indiflraents  for  arfon  (burning)  258 

— —  for  murder  259 
INHABITANTS  of  the  UNITED  STATES, 

enumeration  of.  taken  in  the  year  1790  31 1 

—  in  the  levcral  counties  in  the  ftate  of  New  York,  312 
INSTRUCTIONS  for  the  execution  of  a  commifSon 

for  the  examination  of  witnefles  247 

INQUIRY,  writ  of,  on  covenants  213 

INQUISITIONS  by  CORONERS  260 

■       -  taken  where  the  deceafcd  was  wilfully  poifoned  ibid 

— —  where  the  death  was  occafioned  by  chance-medley  i6i 
■     where  the  deceafed  being  a  lunatic,  drowned 

hirafeif  in  a  river  263 

—  —  where  a  fane  perfoo  ftabbed  himfelf  with  a  fword  ibid 

where  a  fane  perfon  cut  his  throat  264 


Inquifuion  on  writ  of  enquiry  213 

 on  a  forcible  en'ry  240 

INVALID  PENSIONERSyporMcr  to  draw  benftont  236  50 

JUDGMENT  Roll  226 
JUDICIAL  PROCEEDINGS,  public  aAs  and  re- 
cords of  each  ftaie,  how  to  be  authenticated  fo  as  to 

take  effedl  in  every  Rate,  prefcribed  by  congrefs  307 
L 

LANDLORD  and  TENANT  99 

LANDS,  proceedings  to  affefs  improvements  on,  under 

the  8:h  f-iftion  of  the  aft  of  partition  241 

— —  inquifuion  thereon  ibid 

Latitat  165 

LEASES,  definition  of  77 

Leafe  of  ground  for  building  a  houfe  78 

  of  a  houfe  with  goods  therein  81 

Schedule  to  be  prefixed  thereto  84 

Leafe  from  two  to  one  ibid 

 for  houfes  and  lots  in  towns  and  cities  85 

 for  a  term  of  years  87 

— -  for  three  lives,  an  approved  form  89. 
—  in  perpetuity  92 
 by  a  perfon  authorifed  by  letter  of  attorney  cc 

LETTER  of  ATTORNEY.    See  Atton-.vy. 

LETTER  of  LICENCE  to  a  debtor  13; 

Letter  of  adminiilration  252 


10 


INDEX. 


Letters  teftamentary  43<* 

LIVERY  and  SEISIN,  metliod  ot  giving  159 

— —  form  of  eiidorfcment  on  bills  of  fale  69 

-  power  of  attorney  to  deliver  and  to  receive  51 

— —  by  attorney,  memorandum  of,  how  indorfed  160 
M 

MONEY  of  ACCOUNT,  of  the  (late  of  New- York  310 

MORTGAGES,  definition  of  100 

Llortgage  of  eftates — an  approved  form  loi 

■           /or  a  term  of  years  I02 

 of  goods  104 

Form  of  a  certificate  from  a  mortgagee  on  receipt  of 

mortgage  money  to  cancel  the  mortgage  1 84 

A  farther  mortgage  by  indoiftmcnt  246 

Marriage  Settlement   form  of  I38 

Man  and  Wife,  feparation  between  142 

Mutuatus,  declaration  on  221 

—  —  plea^fiu  azd 
^  N 

NEW-YOR]^,  Conftitutionofthe  ftatcot  aSj 

 money  of  account  ot  the  ftate  of  310 

'  enumeration  of  the  inhabitants  312 

NOTICE  of  trial  1S3 

 of  inquiry  ibid 

 of  declaration  filed  in  the  clerk's  office  ibid 

 of  bail  24; 

P 

PARENTS,  petition  for  maintenance  of  244 

PA  RTITION,  proceedings  to  affefs  the  improvements 
made  on  lands,  under  the  8th  feftion  of  the  aft  of  241 

PETITION  for  an  infant  to  fue  by  prochein  amy  180 

 to  admit  an  infant  to  defend  by  guardian  181 

^  to  judge  for  bail  in  affault  and  battery  215 

 —  for  the  maintenance  of  paren'.i  244 

PLEA  on  a  bond  22y 

m-     —  on  a  mutuatus  236 

POSSESSION,  writ  of,  on  judgment  agalr.Il  the 

cafnal  ejcftor  114 


PRESIDENT  of  the  United  States,  aftdeclaring  the 
officer  who  (liail  adl  as  Prefident  in  cafe  of  vacancies 
both  in  the  office  of  Prefident  and  Vice-Prclidcnt  307 
— ~.  See  Eleflors. 


INDEX. 


PENSIONERS.    Ste  Attorney  and  Invalids. 
PRIVILEGE,  attachment  of  ?II 
R 

RECEIPTS  and  ACQUITTANCES  64 
A  general  receipt  ibid 
Receipt  of  acquittance  for  rent  paid  ibid 

 for  a  debt  received  of  a  tiiird  perfon  ibid 

I  for  monjy  received  by  a  third  perfon  for  tbe  ufe 

of  another  ibid 
f  for  money  received  in  part  of  a  debt  due  on  bond  65 

-  for  interell  due  oo  a  bond  ibid 
■  for  a  legacy  ibid 
•           to  an  adminiftrator  on  payment  of  a  debt  due 

from  the  inteftate  ibid 
p"  ■       proper  to  be  taken  upon  a  pctfon's  giving  a  note 

for  a  book  dtbt  66 

-  for  writings  entrufted  in  a  perfons  han  is  ibid 
Acquittance  for  the  purchafe  n)oney  on  executing  a  con- 
veyance to  be  endorfed  on  the  back  thereof     *  ibid 
RECOGNIZANCES  defined  42 

Recognizance  to  pay  cofts  ibid 

■  •  on  a  writ  of  error  45 

•  taken  before  a  juftics  of  the  peace  on  a  warrant 

Jbr  a  common  ^(rault  v  ibid 

—  for  pavfnent  of  rolls  in  chanrcry  4 1 

RECORDS,  Public  Acts  a  . d  Judicial  Proceedings  of 
each  llate,  mode  in  which  they  (liall  be  authenticated  . 
fo  as  to  take'effeftin  every  other  ftaie,  prefcribcd  by 
Cor.grefs  307 
REFEREES,  report  of  214 
RELEASES  defi.iiuon  of  57 
general 

 of  a  truft  ibid 

 of  a  legacy 

 of  a  legatee  tjpon  his  coming  of  age  i  .  ici 

 of  the  equity  of  redemption  of  a  houfe  raort^ig- 

ed  by  deed  poll  ^  Co 

 of  a  dower  6~ 

'  of  errors  6-> 

RENT.    See  dii^rcfs  of  q  j 

RKPLEVIN,  writ  of 

RE.-'CU^;,  re:urn  of,  from  a  baiiiiF pro  hac  vice  zi  c 

RULE  oa  the  Sheriff  -  245 


INDEX. 


S 

SEPARATION  between  man  and  wife  14I 

SHERIFF,  for  contcmft,  attachment  againft  2i  2 

,   writ  to  tht  coroner  to  lummon  ibid 

 billoffakby  232 

.uleon  »45 


61  te  fecit  Stcurum,  an  original  writ  238 
STOCK  PUBLIC  of  thi  U.  ued  States.    See  Altorney. 
SUBPENA  t"  appear  on  n.quiry  '9.2 

,  to  appear  before  referees  _  >bid 

,  for  witneffes  at  the  circuits  193 

 .-  in  tht  fuprcme  court  >94 

SURRENDERS  by  DEED?,  definition  of  115 
Surrender,  deed  of,  to  aperfon  who  has  the  reverfion  in  fee  I  \6 

.    of  a  teim  01  years  ibid 

^    or  a  declaration  of  truft  on  a  mortgaged  term  117 

T 

TESTAMENTARY  LETTERS  230 
TESTATUM  fi.  fa.  in  cafe  -  209 

.  in  debt 

,  ca.  fa.  in  debt  _      ,  »bid 

TICKET  for  Subijoena  to  appear  on  Inquiry  192 

.  for  lubpcena  for  witneflls  at  the  circuits  193 

U  V 

UNITED  STATES.    See  Cenfus,  Ehaors,  Prefident,  Stock. 
VENIRE  for  jury  ai  the  fupreme  court  194 

 for  jury  at  the  circuits  *9S 

 to  elifors  at  the  circuits  _  }9y 

 at  the  circuits  with  ftruck  jury  and  view  ibid 

Venditioni  Exponas,  writ  of  205 

 of  part  poft  fi.  fa.  levied  on  manucaptorea  ibid 

W 

WARRANT  to  defend  a  fuit 

^  to  defend  a  fuit  in  ejcament  »bid 

 from  the  niaintifF  to  the  (herifF  to  difcharge  defendant  ibid 

WARKAN  IS  of  ATTORNEY.  See  Attorney. 
WARRANTS,  feveral  forms  of  bench  '.vp-irsnts  251,  252 
WIL.LS  and  teft  une  ,ts,  defiaition  oh  &c.  >o2 
Form  of  a  will,  with  a  devife  of  a  real  eftate,  leafehold,  &r.  163 
Codicil  to  a  will,  that  is  to  fay  a  fupplemenfor  adJinon  to  it  1O4 
W'TNFSSES.  !See  inftruftions  forcKamination  ot  247 
WRITS.  See  under  different  heads  of  Capias,  Ca.  Ss.  &c. 


The  Clerk'^  Magazine. 


.Of  contracts  or  ARTICLES  of 
AGREEMENT. 

ARTICLES  of  agreennent  are  ufed  for  afcertaining 
what  is  mutually  agreed  upon  by  the  parties  thereto, 
eithtr  in  refpeft  to  thefale  of  eilates,  performance  of  work, 
•fcrvice,  or  any  other  thing  contraded  to  be  done,  in  con- 
fideration  of  money,  wares,  &c.  And  here  it  is  always  fafeft 
cither  to  have  feparatt  bonds  in  fufScient  penalties,  or  an 
obligatory  penal  claufe  inferted  in  the  body  of  thofe  arti- 
cles, for  the  t'ue  performance  of  what  is  therein  contrafted. 

ContraiJ^d  that  are  not  to  be  performed  within  the  fpace 
of  a  year,  mud  be  put  In  writing,  otherwife  they  will  not  be 
bipdinor  to  the  parties  contrafting.  And  on  an  agreem<rnt 
for  the  fale  of  ten  pounds  value,  or  upwards,  it  is  requifue 
that  the  buyer  adualiy  receive  part  of  ihe  goods  fold,  ^'ive 
ibpethingin  part,  . or  as  earned  ;  or  that  fome  note  or  me- 
morandum of  the  bargain  be  lakien  in  writing  and  .figned  by 
the  parties.  See  29  Car,  j.  c.  3.  made  perpetual  by  1  Jac. 
2.  c.  17.  ^  5.  alfo,  i,aws  of  New-York  loSefT.  c.  44.  §  15. 

A  fingle  penny  given  in  earned,  and  accepted  by  the 
feller,  confirmn  any  agreement  for  the  fale  of  goods,  &c. 
though  of  the  n;rcateft  value.    Noy  Max.  87. 


Articles  for  the  Sale  of  an  Efiate,  wkb  a  Penai 
Claufe  for  Performance  of  Covenants, 

ARTICLES  of  agreement,  indented,  made,  concluded, 
and  agrtfed  upon,  the  day  of  in  the  year 

pf  our  Lord  between  A  B.  of,  Sic.  of  the  one  part 

^,nd  L\  D.  cf,  &c.  of  the  other  part,  as  fqllowctli  ; 


i  4  Articles  of  Agreement. 

FirJ!.  The  fald  B.  in  confideration  of  the  fum  of  j^o© 
dollars  of  lawful  money  of  to  be  paid  as  is  herein  after 
mentioned  and  agreed,  doth  corenant  and  agree  */ith  the 
faid  C.  D.  that  he  the  faid  A.  B.  fliali  and  will,  at  the  pro- 
per colls  anil  charges  in  the  Ia\i',  of  the  faid  C,  D.  on  or 
before,  &c.  next  enfuing,  by  fuch  cqnveyances,  wajrs  and 
means,  in  the  law,  as  the  counfcl  of  the  faid  C.  D.  fhall  rea- 
fonably  adyife,  devife,  and  require,  well  and  fulEciently 
grant,  convey,  and  affure  to  the  faid  C.  D.  hio  heirs  and 
alfigns,  or  to  whom  he  or  they  fhall  appoint,  and  to  fucl^ 
ufcs  as  he  or  they  fliall  dired.  [Here  Jet  forth  the  premifes.'] 

And  the  fald  C.  D.  for  himfelf,  his  heirs,  executors  and 
adminiftrators,  doth  covenant,  promife,  and  grant  to  and 
with  the  faid  /i.  B.  his  heirs  and  afliigns,  that  he  the  faid 
C-  D.  fliall  and  will,  on  executing  the  faid  conveyances,  pay 
or  caufe  to  be  paid  to  the  faid  A.  B.  his  heirs  or  afligns, 
the  faid  fum  of  500  dollars  as,  and  for  the  purchafc  mooey, 
for  the  faid  melfuage  and  prcrnifes  above  ineritioned. 

And  it  is  further  agreed  by  and  between  the  faid  parties 
to  thefc  prefents,  that  the  faid  C.  Q.  his  heirs  and  alfigns, 
(hall  and  may  on  or  before,  &c.  next,  enter  into  and  upon 
the  faid  mcfTuagc  and  premifes,  and  from  thence  receive  and 
take  the  rents,  ilfues  atid  profits  thereof,  to  his  and  their 
own  ufcs. 

And  Ififtfy,  For  the  due  performance  of  all  and  fingular 
the  covenants  and  agreements  aforcfaid,  the  faid  /I,  B.  and 
C.  D.  do  bind  themfelvts,  their  heirs,  executors,  and  aj- 
miniftrators,  each  to  the  other,  his  executors,  adminiftra- 
tors,  and  affigns  in  the  penal  fum  of  rooo  dollars  of  lawful 
money  of  '  firmly  by  thefc  prefents.  Jn  laitnefs  whereof 
the  faid  parties  to  thefc  prefents  have  hereunto  *  interchange' 
ahlykt  their  hands  and  feals,  the  day  and  year  above  written. 
Sealed  and  delivered 
in  the  prefence  of 

(L.S.) 


Artitie: 

t  XVben  this  word  iilnftited,  itfhewi  tbere  ought 'to  Ve  »*o  p««f. 


Jirticf'et  of  yfgrettnent. 


j^rt'icles  for  rehu'ilding  of  Mills. 

ARTICLES  of  agreement  indented,  made,  &c.  leliueen 
y/.  B.  of,  &c.  G.  D.  of,  &c.  and  E.  F.  of,  &c.  of  the 
one  part,  and  G.  H.  of,  &c.  of  the  other  part. 

Firft,  The  faid  G.  H.  for  the  confideratlons  herein 
after  mentioned  and  cjfprt{red,  dotli  covenant,  proinife  and 
agree,  to  and  with  the  faid  //.  B.  C.  D.  and  B.  F.  and  each 
and  every  of  thetri,  their,  each  and  cvtry.of  their  exeCutor», 
admiuiftrntors  and  affigns,  that  he  the  faid  G.  H.  fhall  on  or 
before,  &c.  next  enfuing  the  day  of  the  date  of  thcfe  prefents, 
repair  and  go  to,  &c.  and  there  in  a  good  and  worknfian-like 
hianner,  according  to  the  bcft  of  his  att  and  fkill,  by  and  with 
the  directions  of  the  faid      B.  C.  D.  and  E.  F.  or  the  one 
of  theiu,  well  and  fufRciently  rebuild,  or  caufe  to  be  rebuilt 
the  mills  of,  &c.  with  fuch  materials,  and  workmen  to  be 
employed  under  him,  as  they  the  f.,id  A.  B.  C.  D.  and^.  F, 
or  any  of  them,  their,  or  any  of  t.heir  ixecutors,  adminiftra- 
tors,  or  aiTign*,  fhall  find,  appoint,  and  provide  foi'  thefarae» 
Jn  conftiltrat'wn  whereof,  and  a|  an  eiicouragement  to  the 
Caid  G.  H.  to  be  diligent  and  faithful  in  the  undertaking 
aforefaid,  they  the  faid  A.\B.  C.  D.  and  E.  F.  do  hereby, 
for  themftlves,  their,  and  every  of  their  heirs,  executors, 
Snd  adminiftraiors,  covenant,  pvomife  and  agree  to  and  with 
the  faid  G.  H.  well  and  truly  to  pay,  or  caufe  to  be  paid  to 
the  faid  G.  H.  his  executors,  adminiftraiors  or  affigns,  for 
all  fuch  time  as  he  (hall  becrrployed  by  them  the  faid  A.  B. 
C.  D.  and  E.  F.  or  any  of  them,  in  rebuilding  the  mills  a- 
forefaid,  weekly  and  every  week,  the  wages  of 
dollars,  &c.    and  fo  in  proportion  for  a  Icfs  time  than 
a  week,  to  be  paid  to  him  the  faid  G.  H.  by  the  faid  A.  B. 
C.  D.  and  E.  F.  fome  or  one  of  them,  at,  &c.    And  alfo 
that  they  the  faid  A.  B.  C.  D.  and  E.  F.  fome  or  one  of 
them,  as  a  further  enfcouragement  to  the  faid  G.  H.  fliall 
and  will  pay,  or  caufe  to  be  paid,  to  him  the  faid  G.  H.  over 
'and  above  the  wages  aforefaid,  the  fum  of  ten  dollars,  law- 
ful money  of        ^     in  manner  following,  that  is  to  fay  ; 
•five  dollars,  one  half  thereof,  to  be  paid  down  in  hand,  and 
the  other  five  dollars  to  be  paid  him  on  the  finiiliing  of  the 
rfibuildinguf  ihe  allls  aforefaid,  to  the  fatisfddioa  andgood 

liking 


i6 


Ankle/  of  jigreement. 


likinfT  ordiem  the  faid  A.  B.  C.  D.  and  E.  F.  their  execu- 
tors, admtnirtraiors  or  afligns,  orany  of  them. 

j1n(t  lajl'y,  The  faid  G,  H.  doth  covenant,  promife  and 
agree  to  and  with  the  faid  A.  B.C.  D  and  E.  F  ihcirex- 
ecutr-13,  adminiftratars  and  affigns,  and  tvery  of  them,  by 
thtfe  prcftrnts,  that  he  the  faid  G.  H.  fhall  not  abfent  or 
depart  from  the  work  and  rebuilding  aforefaid,  without 
leave  in  writing  firft  had  and  obtained  fionj  the  faid  yl.  B. 
C.  D.  and  E.  F.  or  fome  one  of  thtm,  for  the  doing  thereof, 
on  pain  of  forfeiting  for  every  day  of  fuchabfence,  the  fum  of 
one  dollar,  to  be  flopped  and  dtduifltd  by  the  faid  A.  B. 
C,  D.  and  E.  F.  fome,  or  one  of  them,  their,  fome,  or  one 
of  their  executors,  admiuiftrators  or  afllgns,  out  of  the 
wages  aforefaid.    In  •tvilnefs,  &c. 


'  u^riicles  hetiveen  a  Merchaiit  and  his  j^pprentice. 

ARTICLES  of  agreement  indented, made,  &c.  between 
A.  B.  of,  &c.  <.f  the  one  part,  and  C.  D.  fon  of  E. 
D.  of,  &c.  and  the  faid  E.  D-  of  the  other  pait,  in  manner 
fcj lowing,  that  is  to  fay  ; 

IVhettas  the  faid  A.  B.  the  day  of  the  date  of  thefe  pre* 
fcnt8>  in  confideration  of  the  affection  which  he  hath  and 
beareth  to  the  faid  C.  D.  is  contented  to  take  the  faid  C.  D. 
to  be  his  apprentice  or  fervant  i:i  merchandizing  affairs  : 
and  to  employ  him  therein,  as  well  in  parts  beyond  the  feas, 
as  in  the  ftate  of  where  the  faid  A.  B.  fhall  or 

may  hereafter,  or  now  hath  trading  and  dealings,  for  the 
fpace  of  fevcn  yea's,  to  commence  from,  &c.  And  there- 
upon the  faid  E.  D-  father  of  the  faid  C.  D.  doth  covenant 
and  agree  to  and  with  the  faid  A.  B.  his  eKccmors,  admin, 
iftrators  and  affigns,  in  manner  foli  owing,  that  IS  to  fay  ; 

Flrjl,  'I'hat  the  faid  C.  D.  his  fon,fl)?ll,  during  the  faid 
term  of  fcven  yeats.  (if  he  fo  long  live)  ditijfently  and  faith* 
fu'l/,  to  tlie  utmoft  of  his  po\ver  and  flciU,  fcrvc  him  the 
faid  A.  D.  in  liis  trade  of  merchandizing,  and  other  hi^* 
la-vvfol  affairs,  in  fuch  place  and  places,  us  he  the  faid  A.  B, 
ftiTill  think  tit  to  appoint  :  And  that  the  faid  C.  D.  at  all 
times  hereafter,  during  the  faid  term,  (b  ill  receive  and  take 
into  his  change  and  cuftody,  all  fuch  goods,  wares  and  mer- 

ckaodizej 


Articles  of  Jgreemint. 


%!jandixes  whatfoever,  as  by,  or  for  the  ufp  or  account  of 
the  faid  /i.  B.  (hall  be  configntd  or  fcnt  to  him  the  faid  C. 
D-  or  which  he  ThaH  any  ^'ay  be  entruftej  with  :  And  alfo 
Lll,  utter  and  difpofe  of  the  fam;  gouds,  wares  and  mer- 
chandizes to  the  bed  profit  and  advantage  he  can,  for  the 
laid  A.  ^.  his  executors,  admii  illralors  and  afiigns  :  And- 
ftiall  alfo,  during  the  faid  term,  iluly  follow  and  perform  the 
advice,  direftions  and  orders  of  him  the  faid  A.  B.  w-hich 
fhali  by  letter,  or  otherwife,  be  fent,  given,  or  made  known 
to  him  the  faid  C.  D.  about  or  concerning  the  merchandi- 
zing and  bufinefs  afortfaid. 

And  that  he  the  faid  C.  D.  fhall,  at  the  proper  cofts  and 
charges  of  the  faid  y^.  £■  his  executors  or  adminiftrators, 
ptovide  and  keep  in  good  and  due  order,  the  books  of  ac- 
counts concerning  Iiisfaid  employment  as  aforefaid,  accord- 
ing to  the  cuftom  of  merchanti  in  fuch  cafes  :  And  fhail  deal 
juftly  and  faithfully  to  and  with  the  faid  J.  E.  his  execu- 
tors, adminifljators  and  affigns,  in  all  and  every  his  accounts, 
reckonings,  bargains  and  dealings  relating  to  his  faid  employ- 
rr.f  nt  :  And  fhali  conflanily,  once  in  fix  months,  during  the 
termaforefaid.tranfmit  and  give  in  tcihe  faid  d.  5.  his  execu- 
tors, adminiftrators  or  afugns,  true  accounts  of  all  the  bu- 
finefs and  dealings  of  him  the  faid  C.  D.  in  the  premifes  : 
And  fhali  alfo  fend  letter?  of  advice  to  the  faid  A.  B.  whca 
tibroad,  cf  al!  occutrences  wherewith  it  fhali  be  proper  the 
faid  A.  B.  ihould  be  acquainted.  And  it  is  further  agreed 
that  the  faid  C.  D.  (hall  from  time  to  time,  upon  tcauina- 
ble  requcii,  fhew  and  produce  all  his  books  of"  accounts  con- 
cern'ng  his  dealings  aforefaid,  and  make  and  give  unto  ths 
faid  A.  B.  his  executors,  adminiftrators  or  afiigns,  a  juft, 
true,  and  faithful  account  in  writing,  of,  for,  and  concerning 
all  and  every  fuch  goods,  wares,  money,  debts  and  mer- 
chandizes whalfoever,  as  we'll  of  the  faid  A.  B.  for  his  own 
proper  ufe,  as  jointly  with  any  other  ptrfon  or  ptrfons, 
which  fhail  hereafter  come  to  the  hands  or  charge  of  him 
the  faid  C.  D.  ot  for  which  the  faid  C.  D  (hould  orouc,\it 
to  he  accountable  unto  the  faid  A.  B.  liis  executors,  admin, 
iilrators  or  alTigns  :  likewife  that  he  the  faid  C.  D. 
fhali,  within  one  mtmth  next  after  fuch  account  made  and 
given  h!ra  in,  wtU  and  truly  pay  and  deliver  to  the  faid 
B  2  A.B. 


18 


jfrt'ichi  of  Agreement. 


j^.  B.  his  executors,  ad.niniftrators  or  affigns,  all  atid  erery 
fuch  wares,  money,  goods,  debts,  merchandizes,  and  other 
things  whatfoever,  as  by  or  upon  the  foot  of  the  faid  final 
jiccount  fhali  appear  and  be  found  due  and  belonging  to 
him  the  fsid  A.  B.  his  executors,  admiiiillrators  or  aflignj, 
by  or  from  the  faid  C.  D.    In  ivitntjs,  Sec, 


Articles  of  Marriage. 

ARTICLES  of  agreement  of  three  parts,  indented, 
made,  &c.  of,  &c.  between  j1.  B.  of,  &c.  of  the  firft. 
part,  E,  D.  of,  &c.  daughter  of,  &c.  of  the  fccond  part, 
and  C.  D.  of,  &c,  and  E.  F.  of,  &c.  of  the  third  part,  a» 
followeth  : 

Whereas  the  faid  E.  D,  is  feizcd  to  her  and  her  heIrE  la 
fee  fimple,  of  and  In  certain  lands,  meffiiages  or  tenements, 
with  their  appurtenances,  fituattd,  lying  and  being,  &c. 
And  'whereas  a  marriage  is  (hortly  intended  to  be  had  and 
folcmnized  between  the  faid  A.  B.  and  E.  D,  with  whom 
the  faid  A.  B.  is  to  have  and  receive  2000  dollars  in  money, 
over  and  befides  the  lands.  Sic.  above  mentioned  :  and  as  for 
her  marriage  portion,  it  is  therefore  covenanted  and  agreed. 
hy  and  between  the  faid  parties  to  thefe  prefents,  in  manner 
and  form  following,  that  is  to  fay  : 

FirJ?,  The  faid  B.  for  himfclf,  his  heirs,  executors  and 
admiiiillrators,  doth  covenant  and  agiee,  to  and  with  the 
faid  C.  D.  and  E.  F.  iheir  heirs  and  afligns,  that  they  the 
faid  A.  B.  and  C.  D.  his  intended  wife,  in  cafe  the  faid  in- 
tended marriage  fhall  be  had  and  folemnized,  by  fine  and 
other  good  and  fufficicnt  conveyances  in  the  law,  fhall  fettle 
and  aflure  all  thofe  lands,  mcfTuages  or  tenements,  with  the 
appurtenances,  v.'heteof  fhe  the  faid  E.  D.  is  fcifcd  as  afore- 
faid,  to  the  life  and  behoof  of  the  faid  A.  B.  and  his  afTigns, 
during  the  term  of  his  natural  life  ;  and  from  and  after  the 
deteriTiination  of  that  eflate.then  to  the  ufeand  behoof  oftlie 
faid  C.  D.  and  E.  F  their  heirs  and  afligns,  during  the  na- 
tural life  of  the  faid  A.  B,  in  truft,  to  pieferve  and  fupport 
the' contingent  remainders  herein  after  limited;  and  from 
and  after  the  drceafe  of  the  faid  A.  B.  then  to  the  ufe  and 
behoof  of  the  faid  E,  D.  his  faid  intended  wife,  for  and  dur* 

ing 


yfrtfci'es  of  /Agreement. 


ing  the  term  of  her  natural  life  ;  and  from  and  after  her  de- 
ceafe,  then  to  the  ufe  aod  behoof  of  the  heirs  of  the  body 
of  the  faid  E.  D-  by  the  faid  A.  B.  lawfully  to  be  begotten  ; 
and  for  the  default  of  fuch  iffue,  then  to  the  ufe  and  behoof 
of  the  faid  E.  D-  her  heirs  and  afljgns  for  ever,  and  to  and 
for  no  other  ufe,  intent  or  purpofe  whatever, 

yinil  uibereas  the  faid  E.  D.  \i  alft)  pofFeiFed  of,  or  in- 
terefted  in,  for  the  remainder  of  a  tcTtn  of  ninety-nine  years, 
(if  (he  fhall  fo  long  liv;)  all  that  mclfj.ige  or  tenement,  with 
itic  appurtenances,  fituatcd,  &c.  by  virtue  of  a  certain  in- 
denture of  leafe  thereof  granted  to  the  faid  E.  D.  by  L.  M. 
of,  &c.  Nrivj  the  faid  A.  B.  forhimfclf,  his  heirs,  executors 
and  adminiilrators,  doth  fij;thcr  convcnant,  grant  and  agree 
to  and  with  the  faid  C.  D-  ai;d  E.  F.  their  heirs  and  afFrjns, 
that  they  the  faid  yf.  E.  and  E.  D.  his  faid  intended  wife  (in 
cafe  the  faid  marriage  (fiall  take  effett)  fhall  and  will,  by  like 
good  and  fufficient  conveyances  in  the  law,  iettle  and  aifure 
the  faid  meffuage  or  tenement <  with  the  appurtenances,  itj 
fuch  manner,  as  that  the  fame  may  be  held  and  enjoyed,  and 
the  rents  and  profits  thereof  may  be  had,  received  and  taken 
by  the  faid  A.  B-  and  his  afllgns  during  fo  many  years  of  the 
faid  term,  as  he  fhall  happen  to  live  ;  and  from  and  after  his 
deceafe  then  by  the  faid  E.  D.  his  faid  intended  wife,- and  hef 
afligns,  for  and  during  fo  many  years  of  the  faid  term  as  fhc 
fhall  happen  to  !i7e  ;  and  from  and  after  her  deceafe,  then  by 
fuch  children  of  the  faid  E.  D.  by  the  faid  -1.  B.  to  be  be- 
gotten, in  fuch  a  manner  as  it  may  not  be  in  the  power  of  the 
faid  ji.  B.  to  defeat  fuch  their  iffue  ;  and  for  default  ef  fuch 
iffue,  then  by  the  executors,  adminiflrators  or  affjgns  of  the 
faidi^.  D.  and  upon  no  other  tru:^.  and  to  and  for  no  other 
nfc,  intent  or  pcrpofe  whatfoever. 

And  forafmuch  as  the  faid  /}.  B.  is  not  at  prefent  feifed( 
or  poffcffed  of  an  cliate  fufBcient  to  make  a  jointure  for  the 
faid  E.  D  his  intended  wife,  equivalent  to  her  fortune,  the 
faid  A.  B.  doth  for  himfclf,  his  heirs,  executors  and  admin- 
iflrators, convenant,  grant  and  agree  to  and  with  the  faid 
C.  D.  and  E.  FAhc'n  heirs  and  aCugns,  that  in  cafe  the  faid  in- 
tended marriage  fhall  take  effect,  and  he  the  faid  /i.  B.  fhall 
happen  to  die  in  the  life  time  of  the  fuid  E.  D  that  then 
he  the  faid  A.  B.  fhall  and  will,  by  his  laft  will  and  teltament 

in 


JnicU:  cf  /IgrierttetSi. 


in  writing,  or  othcrwife,  give  and  affure  '.into  the  fatd  E. 
the  fum  of  2000  dollars,  of  lawful  money  of       or  the  full 
value  thereof  in  lands,  tpficments,  goods  or  chatteh,  to  be 
at  her  own  proper  diCpofal,  ^nd  to  be  by  her  received  and 
taken  to  her  own  prop'^r  ufe  and  benefit.     Jn  •witneft,  Uftt 


To  make  an  AJfigimisnt  of  a  Lsafe. 

Article,  &c.— — ■ — - 

WHEREAS  7.  B.  hath  by  his  deed  indented,  datei?, 
demifed,  and  to  farm  letten  unto  the  faid  A.  B. 
all  tbat  nitrffuage.  &c.  To  h«ve  and  to  hold  to  him  the  faid 
A.  B.  his,  &c.  (rtc'ttivg  the  hafe)  as  by  the  &id  deed  more' 
fully  appears '.  A':w  ihe  faid  A.  B.  in  confidetaiion,  &c,  doth 
hereby  for  himfdt,  &c.  That  he  the  faid  J.  B.  before  the 
&c.  day  of,  &c.  lhall  and  will,  at  (he  cofts  of  him  the  faid 
C.  D.  W\i  executors  or  adrainiftrstors,  by  dfced  indented,  af- 
fore,  aflign  and  grant  over  to  the  faid  C.  D.  his,  &c.  the  fiiid 
meffuage,  Sec.  and  all  hiseftate,  right,  title  and  demand  there- 
in :  7o  ha-ve  and  to  hold  to  llie  faid  C.  D.  bis,  &c.  during  the 
rtfiduc  of  the  faid  term  of  years  then  to  come  of,  in  and  to 
the  fame,  by  virtue  of  the  faid  deed  indented  under  the  rentsy 
covenaiits  and  agteenienis  therein  fpecifiid.    //;  rusltnefs,  i^c. 


Jn  Jgreement  for  building  a  Houfe. 

BE  it  remembered,  That  On  this  day  of  it  \i 

agreed  between       B.  of  and  C.  D.  of 

ify.  manner  and  form  following,  vix.  the  faid  C.  D.  for  the 
eSif. derations  herein  after  mentioned,  doth  for  himfelf,  his 
heirs,  executors  and  adminiftratorr,,  covenant  with  the  faid 
A.  5.  his  executors,  adminifiraiors  and  afligns,  that  he  the 
faid  C.  D.  or  his  afligns,  fhall  and  yf?\\\,  within  the  fpacc  of 
next  after  the  date  hereof,  in  a  good  and  worltrnan- 
like  manner,  and  according  to  ihe  beft  cf  his  knowledge  and 
Ikill,  at  well  and  fubftr.ntially  ercd,  build  and  finifh 

one  houfe  or  meffuage,  according  to  the  draught  or  fcheme 
hereunto  annexed,  of  the  dimenflms  foi!owing>  viz.^ 
and  compofe  the  fame  with  fuch  ftone  or  brick,  timber  an* 
Other  materials,  as  the  faid  A.  B.  or  his  afiigns,  livall  find  and 

provide 


^rticiet  of  Agreimtnt. 


provide  far  tTie  fame  :  In  coK/!Jeration  whereof  che  faid  A.  B. 
doth  for  himfeift  hi$  executors  and  admmiftiatcrsi  covenant 
with  ihe  faid  C.  D.  his  executors,  adminiftrators  and  afligns, 
well  and  truly  to  pay  Xinto  the  faid  C.  D.  his  execu'.ors,  ad- 
miaiftrators  or  afligns,  rbe  fum  of  of  lawful  money  of 

in  manner  foUosvicig,  viz.  part  thereof  at  the 

beginning  of  the  faid  Mrork  more  another  part  thereof 

when  the  faid  work  fhall  be  half  done,  and  the  rentaining 

ill  full  for  the  faid  work,  when  the  fanie  (hall  be  com- 
pletely firiiflied  :  And  alfo  that  he  the  faid  A.  B.  his  execu- 
tors, adminiftrators  or  adlgns,  (hall  and  will,  at  \\\%  and  their 
own  proper  expence,  find  and  provide  all  the  ftone,  brick,  tile» 
timber,  and  other  materials  neceffary  for  making  and  build- 
ing of  the  faid  houfe,  Avd  for  the  performance  of  all  and 
every  the  articles  and  agreements  above  mentioned,  the  faid 
A.  B.  and  C.  D.  do  hereby  bind  themfelves,  their  executory, 
adminiftrators  and  afligns,  each  to  tr.e  other,  in  the  penal  futa 
of  firmly  by  thefe  prefents.    In  luii/ie/j,  Sec, 


An  Agreement  for  an  hired  Servant, 

\  RTICLES  of  agreement  indented,  3cc.  betweeri  W. 
S.  of  the  one  part,  and  W.  M.  of  the  other  part,  aa 

follows  VIE. 

The  faid  IV.  M.  for  the  confideration  hereunto  mention- 
ed, does  covenant,  promife  and  agree,  to  and  with  the  faid 
W.  S.  his  executors,  admioillrators  and  affi^as,  by  thefe 
prefcntp,  in  manner  folio, ving,""  !h;it  is  to  fay,  That  the 
£a!d  IV.  M.  fhall  and  will  for  and  during  the  term  and  time 
of  years,  to  begin  and  be  accounted  from  the  date  of 

thefe  prefents,  ferve,  abide,  and  continue  with  the  faid  liT, 
S.  his  executors,  adrniniftrators  and  affiirns,  his  an;',  their  co- 
venant fervant,  and  diligently  and  faithfully, according  to  ths 
beft  3rd  utmnft:  of  his  power,  Ikill  and  knowledge,  exercife. 
3id  employ  himfelf  in,  and  do  and  perform  fuch  ferviceand 
b.ifmefs  wha^foever,  as  well  relating  to  the  trade  of 
which  the  faid  fl^.  S.  now  ufeth,  and  in  about  other  bufinef?, 
nutters  and  things  whntloevijr,  as  the  faid  IV.  S-  (hall  from 
time  to  time  order,  direA  and  appi-'nt,  to  and  for  the  mod 
profit  and  advantage  of  the  faid  S.  t".at  he  can  and  (hiTi 
and  wiU  keep  the  fccr«:s  of  the  faid  ff,  S.  iclaiiog  to  the 


jfSirticht  of  Agrcmeni. 


taid  trade  and  bufinffs  ;  and  llkewlfe  be  juft,  true  an^ 

faithful  to  the  faid  IV.  S.  in  all  matterg  and  things,  and 
•DO  ways  wrongtsilly  lo  detain,  embezzle,  or  purloin  any 
monies,  goods  or  things  whatfoever,  belonging  to  tht  faid 
tV.  S,  /Ind alfo  ftall  and  will  keep  Juft,  tCJe  and  faithful  ac- 
tounts  in  the  books  of  the  faid  W.  S  of  all  goods  bought 
and  fold,  monies  received  and  paid,  and  all  other  things 
ivhatfoevtr,  fdating  to  the  bulincfs  of  the  faid  fV.  S.  as 
■fliail  be  committed  to  his  care,  management  or  difpofal ;  and 
from  time  to  time  fhall  pay  all  monies  which  he  (hall  receive^ 
of  or  belonging  to,  or  by  order  of  the  faid  IV,  S.  into  his 
hands,  and  make  and  give  lip  true  and  fair  accounts  of  all 
his  anions  and  doingo  in  the  faid  employment,  without 
fraud  or  delay,  when  and  as  often  as  he  /hall  be  thereto  re- 
quired. j4n^i'in  ccnfideratlon  of  thfpreml^es,  and  of  the  feveral 
natters  and  things  by  tlie  faid  IV.  M.  to  be  performed  as 
aforefdid,  the  faid  IV,  S.  doth  forhimfelf,  his  executors  and 
adminlflrators,  covenant,  promife  and  agree,  to  and  with  the 
faid  M.  by  thefe  prefents,  that  the  faid  IV.  S.  his  execu- 
tors <ind  adminiflrators,  fhall  and  <vill  find  arid  jjrovide  on- 
to and  for  the  faid  IV.  M.  in  his  dwelling  honfe,  meat,  drink, 
tvafhing  and  lodging  ;  and  alio  well  and  truly  pay,  oi 
caufe  to  be  paid  unto  the  faid  IV.  M,  his  executors,  admin- 
iftrators  or  afGgns  the  fiira  of  a  year,  of  lawful  mo- 

ney of  ■  for  the  flrft  years,  by  equal  quarterly  pay- 
ments, and  fhall  and  will  allo  w  the  faid  IV.  M.  futh  reafon- 
able  expences  in  and  about  the  bufinefs  aforefaid  as  he  the 
faid  W.  S.  fhall  think  fit :  /lud  faid  partiesdomutually  cove- 
nant and  agree  to  and  with  the  other,  •yja.  That  if  the  faid 
W.  S.  /hall  not  be  willing  to  continue  the  faid  IV.  M.  in  his 
fervice  af;er  the  expiration  of  the  faid  years:  or  if  the 
faid  IV.  M.  ftiall  not  he  willing  to  continue  with  the  faid 
A',  after  tlie  expiration  of  the  faid  years  ;  in  either  of 

the  faid  cafes  the  faid  parties  fhall  and  will  give  months 
notice  of  fuch  their  mind  and  intention,  befoK  the  expira- 
tion of  the  faid  term.    In  tultne/s,  i^e. 

Minutes  of  Jgreement  on  a  Sale  of  Wheat 

It  is  agreed  by  aftd  between  E.  F. 
cf,  &c.  and  G.  H,  ef,  &c.  That  he  the  faid  G,  H.  in 
<  Cohfidernlioti 


Arlicia  of  A^reemtnh 


n 


fonfideration  of  three  hundred  bu(hels  of  wheat  fold  to  him. 
this  day  by  the  fald  E.  F.  and  by  him  a^^reed  to  be  deliv- 
ered to  the  faid  G.  H.  free  of  all  charges  and  expencea 
■whalfoever  oa  or  before,  &c.  next,  fhall  and  will  pay,  or 
caufe  to  be  paid  to  the  faid  E.  F.  or  LisaiOgiis  within  three 
months  after  fuch  delivery,  the  fum  of,  8cc.  And  the  faid 
E.  F.  in  confideration  of  the  agreement  aforefaid,  of  the 
faid  G.  H-  doth  promife  and  agree,  on  or  before,  iic.  r^fore- 
faid,  at  his  own  proper  espence,  to  fend  in  and  deliver  to 
the  faid  G-  H  or  his  affigns,  the  faid  three  hundred  bu(h- 
els  of  wheat  fo  fold  him  as  aforefaid,  and  that  he  the  faid 
E.  F.  fhall  and  will  warrant  t'lefame  to  be  good,  clean  and 
roerchantable  grain,  fn  ivlimfs  whereof  the  parties  above 
named  have  heieunto  fet  their  bands,  &c.  IV'tlntj),  Sec. 


Minutes  c/  Agrcernent  between  a  Houfeleeper 
and  his  Lodger. 

MEMORANDUM,  It  is  agreedby  and  between  E.F. 
of,  &c.  and  G.  H.  of,  &c.  as  follows,  viz.  The  faid 
E-  F,  in  confidcratioii  of  the  rent  hereinafter  mentioned 
and  agrfcd  to  be  paid  to  him,  hath  letten  to  the  faid  G.  H. 
one  room,  up  two  flights  of  flairs  forwards,  part  of  the  nov/ 
dwelling  houfe  of  the  faid  E-  F.  fituate,  &c.  together  with 
the  furniture  at  prefcnt  (landing  therein,  that  is  to  fay,  one 
table,  &c.  To  hold  to  the  faid  G.  H.  for  the  term  of  two 
jears,  to  commence  from,  &c.  at  the  yearly  rent  of,  &c.  to 
be  paid  quarterly,  to  the  faid  E.  F.  at,  tic 

Tfae  faid  G.  H.  in  confideration  hereof  agrees  to  pay  the 
aforefaid  yearly  rent  of,  &c.  at  the  times  above  limited  for 
payment  thereof  :  and  at  the  end  of  the  term,  or  in  cafe  of 
any  default  in  the  payment,  (hall  and  will,  on  reqneft  of  the 
faid  E.F.  or  hisalDgns,  immediately  yield  and  deliver  up  to 
him  or  them,  the  peaceable  and  quiet  poffcfEon  of  the  laid 
foom,  togeth.er  with  the  whole  furniture,  he,  from  the  firCt 
entrance  thereon,  there  found  and  poffeffed,  in  good  and  fuf- 
ficient  plight  and  condition,  reafonable  wear  end  tear  oiily 
CKcepted.    la  tuUneft,  &c. 


Of  AV/ARDS  and  ARBITRATIONS. 


AN  award  is  a  judgmeot  given  by  perfoin  chofen  by 
contefting  parties  for  determining  the  matters  in  con- 
trovcify  according  to  the  compiomile  and  fubmli&on,  aad 
agreeable  to  veafonand  good  confcieiice.* 

The  fubmillion  is  either  by  bond  or  rule  of  court  (which 
laft  is  fure(l)  and  is  to  fet  forth  the  particular  matters  in 
difference,  and  fubmii  the  determination  thereof  to  certain 
pe^-fons  therein  named. 

Where  an  award  is  made  by  a  fingle  perfon,  he  is  general* 
ly  called  an  umpire,  ar.d  his  judgment  is  an  umpirage:  but 
when  by  more,  the  determination  is  called  an  award  or  ar- 
iitralion,  and  the  actors  therein  arhitratorj. 

The  judgment  of  award  raufi.  be  reafpnable,  fo  that 
what  is  awaided  to  be  done  by  one  party,  be  the  confideration 
of  what  the  oibec  is  to  do,  otherwife  it  is  void,  as  it  would  be 
iiicafe  w^ele;^^.y  thing  unlawful  orimpoftible  is  awarded. 

It  iDuft  likewife  admit  of  no  doubtfulnefs  oi  uncertainty  in 
particulars  awarded  ;  and  at  the  fame  time  finally  determine 
the  points  fubmitted,  otherwife  it  is  alfo  void,  Ste  Bacon'i 
law  of  ttiuardi, 

•  Sjtlm,  Glofj.  p.  sj. 


'ihe  Form  of  an  Award  made  by  two  Arbi- 
trators, 

TO  all  to  whom  thefc  prjffcnti  ftall  com;,  we  f.  F.  of, 
&c.  and  6.  H.  of  fend  grett  'mg.  Whtnai  there 
arc  f«veral  accounts  de;;endir.g,  »i)d  diver"  controverfies  and 
difpiites  have  l.Ttely  3t«/cn  between  A.  JJ,  of,  &c.  of  the 
one  parr,  and  6\  D.  of,  f<c.  cf  ihe  other  part,  toucliing 
and  concerning,  &c.  And  'w^tiffn,  for  the  putting  an  end 
to  the  faid  differences  and  difpuies,  they  the  faid  ^.  B. 
ar>d  C.  D.  by  their  fcvcral  bonds  and  obligations,  bearing 
date,  Sec.  are  reciprocally  bound  each  to  the  other,  in  the 
penal  fum  ^f,  *c.  to  ftand  to,  abide,  peifotm.and  keep  th^ 

'"    '  fwar4 


Awards  and  ArlUrathnt 


award,  order  and  final  determinaticn  of  us  the  faid  E.  F.  and 
ji?.  H.  arbitrators  indifferently  chofen  between  the  faid  par- 
ties, to  arbitrate,  &c.  [a;  in  the  bond'\  fo  as  the  faid  award  be 
made  in  writing  under  our  hands  and  feals,  and  ready  to  be 
delivered  to  the  parties  in  difference,  on  or  before,  &c.  next, 
as  by  the  faid  in  part  recited  bonds  or  obligations,  with  the 
conditions  there  under  written,  may  appear  :  Nonxi  knoivjr, 
That  we  the  faid  arbitrators,  whofe  names  are  hereunto  fub- 
fcribed,  and  feals  afiixed,  taking  upon  us  the  burden  of  the 
faid  award,  and  having  fully  examined,  and  duly  conlidered 
the  proofs  and  allegations  of  both  the  faid  parlies,  do,  for  the 
fettling  amity  and  friend  (hip  between  then;,  make  and  publifh 
£his  our  award,  by  and  between  the  faid  patties,  in  manner 
following,  that  is  to  fay  :  Firji,  We  do  award  and  order,  that 
all  anions,  fuits,  quarrels  and  controverf;es  whaifoeverj  bad, 
moved,  arifen  or  depending  between  the  faid  parties,  in  law 
or  equity,  for  any  manner  or  caufe  whaifoever,  touching  the 
faid  premifes  to  the  day  of  the  date  hereof,  fhiall  ceafe,  and  be 
no  further  profecuted  ;  And  that  each  of  the  faid  parties  (hall 
bear  and  pay  his  own  cofts  and  charges,  in  any  wife  relating 
to,  or  concerning  the  faid  premifes.  And  we  do  alfo  award 
and  order,  that  the  faid  A.  B.  fliall  pay,  or  caufe  to  be  paid, 
to  the  faid  C.  D.  the  fum  of,  &c.  within  the  fpace  of,  &c. 
And  further,  we  do  hereby  award  and  order,  that  the  faid  C. 
D.  (hall  on  or  before,  &c.  pay,  or  caufe  to  be  paid,  io  i^fC 
faid  /I,  B.  itiefum  of,  &c.  or  give  fuff^Ient  feciiriiv  far  tlie 
fame  to  the  faid  y/.  B.  A?id  lajity.  We  do  award  and  order, 
that  the  faid  A.  B  and  C.  D.  on  the  receipt  ct  the  fcveml 
fums  of,  &c.  fliall  in  due  form  of  law,  execuieeach  to  the  oth- 
er of  tbeni,  or  the  other's  ufe,  general  releafes,  fuflficicnt  in  the 
law  for  (he  releafing  by  each  to  the  other  of  them,  his  heirs, 
executots  and  adminiftrators,  of  all  aiiions,  foits,  arrefts,  quar- 
rels, cootroveifits  and  demands  whaifoever,  touching  or  con- 
terning  the  premifes  aforefaid,  or  any  raairer  or  thing  there- 
unto relating,  from  the  beginning  of  the  woild  to  the  day  of 
the  date  of,  &c,  \_Here  mention  the  date  of  the  arbitration 
hondtJ]  laft  paft.  In  uuitneft  'whereof  nue  ha've  henur.to  ft{ 
"^Mr  hands  and  ft  ah,  the,  i^c,  iitthej^-ar,  iSc. 


c 


/I'ivarJt  ajid  Ariitrathif, 


/In  Umpirage  for  want  of  a  Determination  by 
/Arbitrators  cbofen. 

ry^O  all,  yr.  T,  J.  K.  of  £fff.  fend  greeting.  Whereat 
p  there  are  feveral  accounts  depending,  tfff.  [Her; go  on 
at  In  tht  former  a'zuards,  until  ytu  come  to']  to  (land  to  i^c, 
the  award,  and  final  determination  of  E.  F.  of  l^c,  and  G. 
H.  of  &c.  arbitrators  indifferently  chofen  between  the  /aid 
parties  to  arbiitate,  &cc.  [aj  /iiir  condition  of  the  hoiids]  fo 
as  the  faid  award  was  made  in  writing,  under  the  hands  an4 
fealsof  the  faid  arbitrators,  and  ready  jo  be  delivered  to  the 
parties  in  difference,  on  or  before,  &c,  laft  paft.  And  if 
the  faid  arbitrators  did  not  draw  up  the  faid  award  in  writ- 
ing, and  deliver  the  fame  as  aforefaid,  on  or  before  the  faid, 
&c.  then  ihe  faid  panics  were  to  fland  to,  abide,  obfcrvc,  per- 
form and  keep  the  award,  ijm^irage,  final  end  and  judgment 
of  me  the  faid  f.  K.  ijmpirc  indifferently  chofen  betweetj 
the  faid  parties,  for  the  compofing  and  ending  the  difFerences 
aforefaid;  fo  as  my  faid  award, umpirage  and  "deierminatioii 
may  be  made  in  writing,  under  my  hand  and  feal,  and  ready 
to  be  delivered  to  the  faid  parties,  on  or  before,  i^c.  as  by 
the  faid  part  recited  bondi  or  obligations,  wiih  the  conditioni 
there  under  written,  may  appear;  And  nihereas  r\ve.{7i\^ 
F.  and  G.  H.  did  make  up  the  faid  award  between  the  faid 
parties, within  the  time  limited  bynhe  faid  in  part  recited  bond§ 
or  obligations  as  aforefaid  ;  whereby  and  on  which  account, 
the  compofing,  ending  and  determining  the  faid  difFerences 
and  matters  in  difpute,  now  depends  wholly  upon  me ;  Noun 
hioiuye.  That  1  the  faicj  J.  K.  having  taken  upon  me  the 
bufinefs  and  charge  of  the  faid  award  and  umpirage,  and  be- 
ing willing  to  fet  the  faid  parties  St  peace  and  concord,  by 
making  a  final  end  of  the  controvetfies  between  them;  an4 
having  deliberately  and  at  large,  heard,  examined  and  duly 
confukred  the  grievances,  allegations,  titles,  vouchers  and 
evidences  of  both  the  faid  parties,  in  relation  to  the  faid  pre- 
mifcs  in  difpute,  do  make,  publith,  dt-clare  and  deliver  thi« 
my  award  or  umpirage  in  manner  following  ;  that  is  to  fay  : 
Firft  I  arbitrate,  award,  judge,  order  and  determine,  that 
&:z.  \_Here  infert  the  feveral  J>articulars  of  the  award.'}  It) 
witnefsj  &c. 


4* 


A  wards  and  Arlitratlons. 


27 


Award  or  Vmpiraga.  by  a  Jingle  Per/on 
eleclcd  to  arbitrate. 

TO  all  kc.  I,  E.  F.  of  &c.  fend  greeting.  Whereas,  &c. 
\_Here  go  on  as  in  the  anuard  made  by  tiuo  arbitrators 
itnliljcu  come  to"]  to  ftand  to,&c.  the  award,  order  and  final 
ceteiminatioti  of  me  the  faid  E,  F.  indifferently  ele<ned  and 
chofen  between  the  faid  parties,  to  arbitrate,  &c.  [^As  in  the 
conditions  of  the  bond'"]  fo  as  my  faid  award  or  umpirage  be 
made  in  writing,  under  my  hand  and  feal,  and  ready  to  be 
delivered  to  the  faid  parties,  on  or  before,  &c.  as  in  and  by 
the  faid  in  part  rec  ited  bonds  or  obligations,  and  the  con- 
ditions thereof,  may  appear  :  New  inow  j/e,  that  1  the  faid 
E.  F.  l^Here go  on  as  in  tht  left  precedent,'}    In  witnef£>  &c. 


The  Form  of  a  SubmiJJion  to  an  Jrbitration,  in 
order  to  make  it  a  Rule  of  Court. 

BE  It  rememhered.  That  C.  D.  of,  &c.  and  E.  F.  of,  &c. 
being  deiirous  finally  to  end  and  determine  divers  con- 
troweifies,  fuits  and  quarrels  that  have  lately  arifcn  betwsen 
them,  did  on,  &c.  agree  to  fubmit  v  and  refer  all  the  faid 
controverfies,  fuits  and  quarrels  to  the  award  and  determin- 
ation of  G.  H.  of,  &c.  and  J.  K.  of,  &c.  arbitrators  for  that 
end  indifferently  chofen  by  the  faid  parties  ;  which  faid  a- 
ward  is  to  be  made  in  writing  under  the  hands  and  feals  of 
the  faid  arbitrators  and  ready  to  be  dtlivered  to  the  faid 
parties,  on  or  bef^jre,  &c.  And  the  faid  parite^id  mutually 
promife  and  oblige  themfelves  that  they  would  obey,  pcrfcrm 
and  execute  fuel)  award  as  the  faid  arbitrators  fhould  make 
in  the  prerr.ife?.  Nniv  tl'.e  faid  parties  do  fui  ther  agree,  that 
the  faid  fubmiffion  fhall  be  made  a  rule,  in  the  court 
of,  &c.  at  and  that  they  will  be  ftnaily  concluded  by 

the  arbitration  that  (hall  be  made  in  the  preriiifcs  by  the  faid 
arbitrators,  purfuant  to  fucb  fubcQilRon. 
Witnefs,  i^c. 


BILLS 


a  8  Bills  and  Notet  for  the  Payment  of  Money. 


BILLS  and  NOTES  for  the  Payment  of 
Money, 


/I  Penal  Bill,  for  Payment  of  Money. 

KNOW  all  men  by  thefe  prefents,  that  I,  C.  D.  of,  &c. 
do  owe  nnto  £.  F.  of,  &c.  the  fum  of  lawful 
xnoiiey  of  to  be  paid  the  faid  E.  F.  his  executors,  ad« 

jTiiniftrators  or  affigns,  oa  or  before  the  next  enfuing 

the  day  of  the  date  hereof:  for  the  which  payment  well  and 
truly  to  be  made,  I  bind  myfelf,  my  heirs,  executors,  adminif- 
trators  orafligns,  in  the  penal  fum  of  of  like  moneyj 

firmly  by  thefe  prefents.    la  wiint/s,  ^c.      Staled,  iffc- 


A  fingle  Bill  for  payment  of  Money,  i.  e:  without 
a  Penalty. 

KNOW  all  men  by  thefe  prefents.  That  T,  C.  2?.  of, 
&c.  do  owe  and  am  indebted  to  E.  F.  of,  Sec.  the  fum 
of  lawful  money  of  to  be  paid  to  the  faid  E.  F.  his 

executors,  adminidrators  or  afiigns,  on  or  before,  &c. 
In  lultnejs  i^c. 


The  Form  of  a  Promijfory  Note,  or  a  common 
Note  for  Money. 

IPromife  to  pay  to  C.  D-  or  order,  the  fum  of,  Sec.  three 
months  afterdate  [or,  on  demand  if  thought  necefaryl  for 
value  received.  "Witnefs  my  hand  this  ninth  day  of  July, 
-*8oo. 


Another. 

FOR  value  received,  I  promife  to  pay  \MBC.  D.  or  or- 
der, the  fum  of  on  demand,  Wft  intereft  till 
paid  for,  on  or  before  the  day  of  tvilTjafere/!,  (sfc."} 
Witnefs  i^c. 

Necefary 


29 


^Jcceffary  Okfervations  on  Promiffhty  Notes,  ^c. 

THESE  notes  are  afflgnaWe  by  indorfement,  as  bills 
of  exchange  are,  and  will,  in  cafe  a  certain  time  of 
payment  be  therein  fijced,  bear  intereft  from  the  time  due, 
provided  the  note  be  protefted  by  a  notary  public,  wiihin 
three  days  after  that  time  ;  fo  that  in  ail  cafes,  except  where 
the  folvency  of  the  drawer  or  debtor  is  doubted,  it  is  beft  In 
fuch  notes  to  mention  a  certain  time  of  payment,  as  two  or 
three  days  after  date,  or  oiherwife,  as  the  cafe  requires. 
The  indorfer  becomfs  liable  to  payment,  as  well  as  the 
drawer  ;  and  when  once  an  indorfable  note,  that  is  to  fay, 
ene payable  to  order^  is  transferred  to  a  third  pe.  fon,  it  csn« 
not  then  be  in  the  power  of  the  indorfer,  by  releafe,  or  other 
inllrument  in  writing,  to  acquit  or  free  the  drawer  from  be- 
ing liable  ;  the  property  the  indorfer  at  firft  had  in  tlie  note, 
being  entirely  removed  by  his  indorfement.  In  the  cafe  of 
a  bond  or  obligatory  bill,  it  is  oiherwife  ;  for  there  the 
obligee,  after  having  affipned  the  fame  to  a  third  perfon, 
may  by  releafe  or  other  fpecialty,  deftrcy  the  validity  of  the 
obligation,  and  confequently  free  the  obligor  from  the  bur- 
then thereof.    4  ^  .5  ^nn-  c.  9.  G'ttb.  Chan.  p.  290. 

We  (hall  fpeak  more  fully  on  this  point,  when  we  come 
to  fpeak  concerning  releafes. 


Of  BONDS. 


A BOND,  penal  bill,  or  ohllgatfon,  is  a  deed  in  writing, 
whereby  one  perfon  binds  himfclf  to  another,  to  pay  a 
^um  of  money,  or  perform  fome  other  z&.  It.ufL^ally  con- 
fifts  of  two  [  arts,  viz.  the  obligation,  whereby  the  party  is 
bound,  who  is  gererally  called  the  obligor  ;  and  the  con- 
dition which  exprelTes  what  fum  is  to  be  paid,  or  aft  per- 
formed) androtwhom,  in  what  manner,  and  when.  The  per- 
fon this  obligation  is  made  to  is  generally  called  obligee,  to 
fthcra  the  obligor,  by  way  of  penalty,  commonly  becomes 

bound 

C  2 


JO  Bond:. 

bound  in  double  the  fum  of  money  lent,  or  of  the  cilimatei 
value  of  tile  thing  to  be  pcrfortr.td 

If  no  place  is  mcniioned  for  payment  of  the  money  fpecifi- 
ed  I'n  a  condition,  the  obligor,  on  pain  of  forfeiting  his  obliga^ 
Hon,  is  to  find  out  the  perfonof  the  obligee,  if  he  be  in  the 
itate,  and  tender  the  money  ;  but  where  a  place  ig  mentioned, 
ihe  is  not  obliged  to  feek  any  fuilher.    Dy.  14.  271. 

An  heir  is  not  bound,  unlcfs  he  be  exgiciEy  named  in  the 
obligatory  part  of  the  bond  ;  but  the  executors  or  adrain- 
jlt'ators  are  bound,  though  not  named  ;  they  more  reprefent- 
)i<g  the  pcrfon  or  the  deceafed  obligor,  and  being  entitled  to 
Jake  an  advantage  oi  a  chattel,  vthen  not  named,  notwith- 
llanding  the  heir  is.    Dy.  14.  261. 

Note.  Judgment  Bonds,  as  they  were  calltd,  were  forni« 
crly  much  uftd  in  ihe  (late  of  New- York  ;  but  by  an  a£l  of 
the  leglflature,  paflVd  the  27th  Feb.  178S,  after  reciting 
that  "  whereas  a  p'aftice  hath  lately  been  introduced  of  in« 
fertingin  bonds,  bills,  covenants  and  contra<^s  in  wiiting,  a 
claufe,  or  power,  or  warrant,  to  confefs  a  judgment  thereon, 
vvhertby  many  perfons,  being  ignorant  of  the  efficacy  and 
confcqueners  of  fuch  a  elaufe,  power  or  warrant,  have 
fufftred  grtit  lofs      for  remedy  whereof  it  is  enadled 

Tlir.i  no  judgment  (hall  hereafter  be  enteied  upon  any 
bond,  bill,  covenant,  or  other  contrafl  in  writing,  to  be 
xnade  after  the  fii  ft  day  of  January  next,  upon  tlic  confet 
fion  of  any  attorney,  by  virtue,  or  in  confequence  of  anf 
warrant,  power  or  authority  whatfoever,  contained,  written 
or  prii.ttd  ifi  the  fame  inftrument,  paper  or  parchment, 
with  ihe  fame  bond,  bill,  covenant  or  contraft  — And  fur- 
ther, That  every  attorney,  wlio  (half  confefs  any  judgment 
in  any  cafe  whatfoever,  ftiall,  at  the  time  of  making  fuch 
confefiion,  produce  hi»  warrant  for  making  the  fame  to  the 
court  or  judge  before  whom  he  makes  the  fame  confeffion, 
and  tlif  fame  warrant  (hall  then  be  filed  with  the  proper  of- 
ficer of  ihecQUi  t  in  which  the  judgment  fliall  be  entered." 
The  bond  muft  then  be  drawn  in  its  fimple  form,  and  the 
warrant  of  attorney,  to  confefs  judgment,  mnft  be  a  fepa- 
rate  inRrument. 


4  Bond 


A  Bond  with  a  Condition  from  one  to  one. 

KNOW  all  Men  hj  thefe  prefents,  That  I,  C.  D.  of,  &(n 
in  the  couuty  of,  &c.  am  held  and  firmly  bound  to 
is.  F.  Sec,  in  the  fum  of  dollars,  of  good  and  lawful  mon- 
Cy  of  the  United  States,  to  be  paid  to  the  faid  £.  F.  or 
his  certain  attorney,  his  executors,  adrainiftrators  or  af- 
figns  ;  to  which  payment,  well  and  truly  to  be  made,  I  bind 
Tnyfelf,  my  heirs,  executors  and  adminiftrators,  firmly  by 
thefe  prefents  :  Sealed  with  ray  feal.  Dated  the 
day  of  in  the  year  of  our  LORO  one  thoufand  eight 

hundred. 

The  condition  of  this  obligation  is  fuch,  that  if  the  above.* 
bound  C.  D.  his  heirs,  executors  or  adminiflrators,  do  and 
fhall  well  and  truly  pay,  or  caufe  to  be  paid,  unto  the  above 
ramed  E.  F.  his  executors,  admipiftrators  or  iffigns,  the 
full  fum  of,  &LC,  like  good  and  lavfful  money,  asafortfald, 
with  legal  intereft  for  the  fame,  on  or  before  the  day  of 
nextenfuing  the  date  hereof;  Then  this  obligation  t« 
be  »oid,  or  otherwifc  to  be  and  remain  ia  fuJ!  force  and 
virtue. 

Sealed  and  delivered 
in  prefence  of 


A  Bond  wilh  a  Condition  from  tivo  to  oiigf 

KNOWall  men  by  thefe  prefents,  that  we,  C.  D.  of,  &c. 
and  E.  F.  of,  &c.  are  held  and  fir.'sly  bound  to  G.  H. 
of,  &c.  in  the  fum  of  30odollarsof  good  and  lawful  money  of 
the  United  States,  to  be  paid  to  the  faid  G.  H.  or  his  certain 
attorney,  his  executors,  adminiflrators,  or  afF.gns ;  to  which 
payment  well  and  truly  to  be  made,  we  birid  ourfelves,  and 
each  of  us,  byhimfelf  [_If  one  of  the  obligors  be  a  tvoman, 
•write  thus,  viz.  by  him  and  herflf'\  for  ana  in  the  whole, 
our  heirs,  executors  and  adminiflrators,  and  each  of  us, 
firmly  by  thefe  prefents  :  Sealed  with  our  feals,  dated,  &c. 

The  condition  of  this  obligation  is  fuch.  That  if  the  above 
bound  C.  D,  and  E.  F,  or  either  of  them,  their  or  either 
of  their  heirs,  executors  or  adminiflrators,  do  and  (hall  well 
and  truly  pay,  or  caufe  to  be  paid,  to  the  faid  G.  H.  h/s 

executors, 


executors,  aJmlnlftrators  or  affigriS',  tlie  full  fum  of  oni  7}uyi» 
drtdand fifty  dollars,  like  good  and  lawful  money  as  aforefaid, 
with  legal  intercft  for  the  fanie,  on  or  before  the,  &c. 
which  ftial!  be  in  the  year  of  oik  LORD,  &c.  Then,  &c. 
otherwife,  &c- 


Bond  with  a  Condition  from  three  to  one. 

KNOW  all  msn  by  thefe  prefents,  that  wf,  C.  D.  of,  &c, 
E.  f.  of,  &c.  and  G.  H.  of,  &c.  are  held  and  firmly 
bound  to  J.  K.  of,  &c.  in  the  juit  and  full  fum  of 
dollars  of  lawful  money  of  to  be  paid  to  the  faid 

y.  K,  or  his  certain  attorney,  his  executors,  adininif- 
tiators  or  affigns ;  to  which  payment  well  and  truly  to  be 
made,  we  bind  outfelves,  and  evefy  one  of  us  by  himfelf, 
\But  ifafemait  be  an  obligor,  then  as  in  the  lafi~\  for  and 
in  the,  whole,  our  heirs,  executors  and  adaiitiftrators,  and 
every  of  us,  firmly  by  thefe  prefents.    Sealed,  &c. 

'■Ihe  condition  of  thisobligaton  is  fuch.  That  if  the  above 
bound  C  £>.  E.  F.  and  G.  H.  or  either,  or  any  of  them,  theifj 
or  either,  or  any  of  iheir  heirs,  executors  ci  adniiniftratorsj 
do  and  thall,  &c. 


A  Bond  with  a  Condition  from  one  to  two. 

KNOW  all  men  by  thefe  prefents,  that  I,  C.  D,  of,  &p, 
am  held  and  firmly  bound  to  £.  F.  of,  &c.  and  G.  H, 
of,  &c.  in,  &c.  of  good  and  lawful  money  to  be  paid 

to  the  faid  E.  F.  and  G.  H.  or  one  of  them,  or  to  iheir 
certain  attornies,  their  executors,  adminiftrators  oraffignsj 
to  which  payment,  well  and  truly  to  be  made  I  bind  niyfelf, 
&c. 

The  rottdUion  of  this  obligation  is  fiich,  That  if  the  above 
hound  C.  £»,  his  heirs,  executors  or  adminiftrators,  do  and 
fhall  well  and  truly  pay,  or  caufe  to  hi  paid,  to  the  above 
named  E.  F.  and  G.  11.  or  either  of  them,  their,  or  either  of 
their  executors,  admin  ill  rators  or  aligns,  the  full  fam  of,  &c; 
Then,  &c. 


A  Bond  from  three  to  three. 

KNOW  all  men  by  thefe  prefet>'s,  that  we,  C.  D.  of,  &c. 
E.  F.of,  &c.  aad  G,  H,  of,  &c.  are  held  and  firmiy, 

bound 


Bondt. 


33 


bound  to  7-  ^-  ^'       0^  ^c.  and  TV.  0.  of,  &c. 

in,  &c  of  good  and  la-.vful  mcoev  of  to  be  paid  to 
tliefaid  J.  K.  L.  M.  and  N.  O.  or  fome  of  them,  or  their 
certain attotnies,  their  executors,  adminiftrators,  or  aflign?; 
to  which  payment  well  and  truly  to  be  made,  we  bind  our- 
fclves,  and  every  of  us  by  himfelf,  for  and  in  the  whole,  our 
heirs,  executors  and  adoiiniftratorsj  and  every  of  at,  htmly  hy 
<hefe  ptefcnts.    Smled,  i^c. 


A  Bail  Bond. 

KNOW  all  i^en  by  thefe  prefents.  That  we,  G.  If.  of 
jr.  K  of  and  L.  M.  of  are 

held  and  firmly  bound  to  N.  0.  Efq.  Sheriff  of  the  county 
aforefaid,  in  one  hundred  dollars  of  good  and  lawful  mon- 
ey of  the  United  States,  to  be  paid  to  the  faid  fheriff,  or 
to  his  certain  attorney,  executors,  adminiftrators  or  affigns  j 
for  which  payment  well  and  truly  to  be  made,  we  bind  our- 
felves,  and  every  of  us  by  himfelf,  for  and  in  the  whole,  our 
heirs,  executors  and  adminiitrstors,  and  of  every  of  us,  firm- 
ly by  thcfe  prefents,  Sealed  with  our  feals.  Dated  the,  &c. 
fo  the  year  of  our  LORD  &c. 

The  condition  of  this  obligation  u  Aich,  That  if  the  above 
bound  G.  H.  do*  appear  before  the  juftices  of  the  Supreme 
Court  of  Judicature  of  the  ftate  of  New-York  (or  if  in  the 
Conmon  Pleas,  fay  at  the  next  court  of  Common  Pleas  to 
be  holden  for  the  cownty,  or  city  and  county,  of  at 
on  the,  &c.  \^here  men/ion  the  day  of  return,  as  in  the  writ"]  to 
anfwcr  to  R.  S.  Efq,  of  a  pita  of  trefpafe,  and  alfo  to  [^here 
purfue  the  words  cf  the  writ]  Then  this  obligation  to  be 
Void,  otherwife  to  be  and  remain  ia  full  force  and  virtue, 
Sealed  and  Delivered 
In  the  fre/ence  of 

••  i.     Put  in  Tpcciil  btil,  or  bail  to  the  i(ftioii. 


34  Special  Conditiont  of  Bonds. 


Special  Conditions  of  BONDS. 


^  Condition  of  a  Counter  Bond,  or  Bond  of  In' 
demnity^  where  one  Man  becomes  bound  for 
another. 

THE  Condition  of  this  obligation  is  fuch,  That  whereaS 
the  above  named  A-  B-  at  the  fpecial  inftance  and  re- 
qutft,  and  for  the  only  proper  debt  of  the  above  bound  C.  D. 
together  with  the  faid  C.  D.  is,  in  and  by  one  bond  or  ob- 
ligation, bearing  equal  date  with  the  obligation  above  wi it- 
ten,  held  and  firmly  bound  unto  E.  F.  &c.  in  the  penal  funii 
of  of  lawful  money  of  condiiioned  for  the  pay- 

ment of  the  fum  of  with  legal  intereft  for  the  fnme, 

on  the  day  of  ti?xt  enluing  the  date  of  the  faid  in 
part  recited  obligation,  as  in  and  by  the  faid  in  part  recited 
bond  with  the  condition  thertuiider  written  may  more  fully 
appear :  If  therefore  the  faid  C.  D-  his  heirs,  executors  or 
adminiftrators,  do  and  (hall  well  ai<d  truly  pay,  or  caufe  to 
be  paid,  unto  the  faid  E.  F.  his  executors,  adminiftratorg 
or  afligns,  the  faid  fum  of  with  legal  intereft  for  the  fame, 
on  the  faid       day  of  next  cnfuing  the  date  of  the 

faid  in  part  recited  obligation,  according  to  the  true  intent 
and  mcLitting,  and  in  full  difcharge  and  fatisfaAion  of  the 
fsid  in  part  recited  bond  or  obligation  :  Then,  &c.  other- 
wife,  &c. 


A  Condition  of  a  Counter  Bond,  ivhere  one  is  Bail 
for  another  on  a  Bail  Bond. 

WHEREAS  the  above  named  C.  D.  at  the  fpecial  in- 
ftance and  requeft  of  the  above  bound  ^.  B-  togeth- 
er with  the  faid  A.  B.  and  E.  F  of,  &c.  is  bound  to  G.  H. 
ifherlff  of  the  county  of,  &c.  in  the  penal  fum  of,  &c.  con- 
ditioned for  the  appearance  of  the  faid  A.  B.  before  the  juf- 
tices  at  on  the  day  of,  &c.  next  to  anfwef 

iV.  0.  in  a  pica  of,  &c.  IHere  mention  ddt  or  olheiL'ife,  ver- 

butidi 


special  Condiuent  of  Bondf-  35 


ijatim,  {_ns  exprfjfed  In  the  bail  ioftJ]  As  by  the  faid  in  part 
recited  bond  or  obligation  and  condition  there  under  writ- 
ten may  more  fully  appear ;  A''ow  the  condition  of  this  ob- 
ligation is  fuch,  that  if  the  above  bound  A.  B-  do  and 
(hall  appear  according  to  tlie  condition  of  the  faid  bond  or 
obligation,  and  as  the  law  in  fuch  cafe  requires ;  and  if  the 
faid  B.  his  heirs,  executors  and  adminiftrators,  ihall  ai- 
fo  from  time  to  time,  and  at  all  times  hereafter,  fave  harm- 
lefs  and  indet.inify  him  the  faid  C.  D.  his  executors  and 
adminiftrators,  and  his  and  their  goods  and  chattels,  lands 
and  tenements,  of  and  from  all  damages,  fum  and  fums  of 
Ijioney,  cpfts  and  charges  whatfoever,  which  he,  they,  or  any 
of  tht  m.  fhall  or  msy  at  any  time  or  times  hereafter  fuftain, 
or  be  put  unto  by  reafon  or  means  of  the  faid  C.  D's  being 
bound  for  the  appearance  of  the  faid  A.  B.  as  aforefaid  s 
•jPhen,  &c.  Or  otherwife,  &c. 

^  Conditien  of  a  Bond  of  Indemnity^  on  a  She- 
riff's granting  a  Replevin. 

THE  condition  of  this  obligation  is  fuch,  That  if  the 
above-bound  A.  B.  do  appear  at  the  next  county  court 
to  be  holJen  at  in  the  coiinty  of  &c.  aforefaid, 

\_As  mentiomd  in  the  obligation,  the  form  of  ivhich  fee  under 
titles.  Bonds,  Bill'  tiff.]  and  there  profccute  his  aftion  with 
effett  againft  C.  D.  for  the  taking  and  detaining  his  cattle, 
that  is  to  fay, one  cow,  one  horfe,  &c.  ^Her;  fet  forth  the  goods 
taken'\  and  do  alfo  mi^ke  return  thereof,  if  a  return  lhall  be 
adjudged  by  law  ;  and  alfo  do  keep  harml'fs  and  indemnify 
the  above  named  iheriSTiand  his  under  fherifF>  for  touciiing  and 
concerning  the  replevying  and  delivery  of  the  faid  cattle,  ^c. 
^'hen,  &c.  or  otherwife,  &c. 

A  Condition  to  pay  Money  on  Marriage^  or^ 
Death  ^  for  Goods  fold.  : 

THE  <:»Bi/j/ie»  of  this  obligation  is  fuch,  That  Whereas 
the  above  named  C.  D.  hath  fold  nn;o  the  above 
bound  A.  B.  one  gold  watch,  &c,  for  the  fum  o'  8iz.  to  be| 
paid  unto  him  the  faidC.  D.  his  executors,  adminiftrators  pti 

Hffign* 


3^ 


Special  Condition t  of  Bonds, 


afligns,  at  or  upon  the  day  of  marriage  or  hour  of  death  of 
the  faid  A,  B.  which  (hall  firft  happen  :  If  therefore  the  faid 
A.  B,  his  heirs,  executors  or  adminiftrators,  do  and  fhull 
VftW  and  truly  pay  or  caufe  to  be  paid  unto  the  faid  C  D. 
Mis  executors,  adnjiniftraiors  or  afTigns,  the  fum  of,  &c.  of 
lawful  money  of  within  fix  months  after  the  folcmiza- 

tion  of  the  marriage  of  the  faid  A.  B.  or  the  tir.ie  of  the  death 
of  the  faid  yJ.  B.  which  (hall  Grft  happen  after  the  date  cf 
the  above  written  bond  or  obligation  ;  Then,  &c.  Or  other» 
wifej  Sec 


T'je  Condition  of  an  Arbitration  Bond^  njitboui 
or  'wiib  an  Umpirage^ 

THE  con^Z/Vfo/j  of  this  obligation  is  fuch,  That  if  the 
above-bound  A.  B.  his  heirs  executors,  or  adtninif. 
trators,  and  every  of  theni,  for  and  on  his  and  their  parts 
and  behalves,  do  and  fnall  vt^ell  and  truly  lland  to,  abide, 
perform,  obfe.  ve ,  fullil  and  keep  the  award,  order,  arbl- 
tremcnt,  final  end  and  determination  of  E.  F.  of,  &c.  and 
G.  H.  of  &c.  arbitrators  indifferently  named,  elected  an<i' 
chofen,  as  well  on  the  part  and  behalf  of  the  above«i)ound 
as  of  the  nbo?e  named  t?.  Z).  to  arbitrate,  award, 
order,  adjudge  and  determine  of  and  concerning  all  man- 
ner of  aftions,  caufes  of  a£iion  and  aiftions,  fuits,  bills, 
bonds,  fftciaities,  judgrrtits,  executions,  extents, 
accounts,  debts,  duts,  lum  and  fiir.is  of  money,  quar- 
rels, conttovei fits,  ttefpaffes,  damages  and  demands 
whalfoever  both  in  law  or  tqulty,  or  oiherwile  howfotvcr, 
which  at  any  lime  or  tiirits  heretofore  have  had,  been 
made,  moved,  brought  commenced,  fucd,  profecuted,  com- 
mitted, omitted,  done  or  f/ifTtred  by  or  between  the  faid 
parties  or  either  of  them  ;  fu  as  the  faid  award,  tirbitreroent, 
judgment,  final  end  and  deteinoination  between  the  faid 
patties,  be  made  in  writing,  under  the  hands  and  ieals  of 
the  faid  atbitrators,  and  ready  to  be  delivered  to  the  faid 
parties,  on  or  before  the  day  of  next  enfuing  the 
dale  of  the  above- written  obligation;  then  this  obligation 
io  be  void,  or  otherwifc  to  be  and  ritnain  in  full  force  aotj 
"TirtUf. 

If 


Special  Condlttonj  of  Bonds. 


37 


If  an  umpire  be  likewife  chofen,  then  add,  juft  before 
theconclufion  of  the  above  condition,  the  following  claufe 
of  umpirage  ; 

And  if  the  faid  aibitrators  Hiall  not  make  and  draw  up 
dieirfaid  award  in  writing  under  their  hands  and  fcals  as 
aforcfaid,  and  ready  to  be  delivered  to  the  faid  parties  on  or 
before  the  faid  day  of  now  next  enfuing  ;  if 

then  the  faid  j4.  B.  his  heirs,  executors  and  adniiniftrators, 
and  every  of  them,  do  and  fhall  Hand  to,  abide,  obferve, 
peiform  and  keep  the  award,  umpirage,  ji)dgment,  fin'.V  end 
and  determination  of  N.  0.  of  kc.  umpire,  indiffsrently 
elefted  and  chofen  between  tlie  faid  parties,  for  hearing, 
compoling,  ending  and  finally  determing  e11  and  fingular 
the  differences  aforefaid  ;  fo  as  the  faid  ua.pire  do  make 
and  draw  up  his  faid  award,  umpirage  and  dctf rraination 
in  writing  under  his  hand  and  feal,  and  ready  to  be  deliver- 
jed  to  the  faid  parties  on  or  before,        Then,  &c. 


Condition  for  Payment  of  Money  at  fever al 
Days. 

THE  condition  of  this  obligation  is  fuch.  That  if  the 
above  bound  P.  ^  his  heirs,  executors  or  adminif- 
trators,  do  and  fhall  well  and  truly  pay,  or  caufe  to  be  paid 
to  the  faid  R.  S  his  exc-cutors,  adminlltiacots  or  afiigns, 
the  full  lum  of,  &c.  of  lawful  money  of  in  manner 

following,  ihat  is  to  fay,  the  funi  of,  &c.  part  thereof, 
on  or  btfore,  A:c.  next  enfuing  the  dale  above  written  ; 
the  fum  of,  <S.c.  more  thereof  on  or  before,  &c.  then  next 
following  ;  and  the  further  fum  of,  &c.  relidue  and  in  full 
payment  thereof,  on  or  before,  &c.  which  fhall  be  in  the 
year  of  our  Lord,  &c.  without  fraud  or  covin;  Then 
this  obligation  to  be  void.  But  if  default  (hall  be  made  of 
or  in  payment  of  any  of  the  faid  feveral  and  refpcftive  fums 
of  money  above  mentioned  or  any  part  thereof,  on  any  of 
the  faid  feveral  and  refpedive  days  and  times  above  limited 
fbr  payment  of  the  fame;  then  this  obligation  to  be  and 
fcmain  in  full  force  and  virtue. 

D  4 


Sfec'tal  Conditions  of  Bonds, 


A  Condition  for  Payment  of  Money  quarterly, 

THE  condition  of  this  obligation  is  fuch,  That  if  the 
above  bound  A.  B,  and  C.  D.  or  either  of  them,  theiff 
or  either  of  their  heirs,  executors  or  adminiftrarors,  do  and 
fhall  well  and  truly  pay,  or  caufe  to  be  paid  to  the  above 
named  E.  F.  his  executors,  adminiftrators  or  afTigns,  the  full 
fum  of,  &c.  of  lawful  money  of  in  manner  following, 

that  is  to  fay,  the  fum  of  twenty  dollars,  part  thereof,  on  the 
twenty-fifth  day  of  December  next  enfuing  the  date  above 
written  ;  the  fum  of  twenty  dollars  more  thereof,  on  the  twen- 
ty.fifth  day  of  March,  which  (hall  be  in  the  year  of  our 
Lord,  &c,  the  fum  of  twenty  dollars  more  thereof  on  the 
twenty-fourth  of  June  next  enfuing,  and  the  fum  of  twenty 
dollars  more  thereof,  on  the  twenty-ninth  day  of  September 
then  next  following  ;  and  fo  quarterlv,  and  every  quarter  of 
a  year,  one  next  and  immediately  enfuing  another,  on  every 
of  the  quarter  days  aforefaid,  the  fum  of  twenty  dollars,  until 
the  faid  fum  of  two  hundred  dollars  fhall  be  in  fuch  manner 
fully  fativfied,  contented  and  paid  ;  then  this  obligation  to  be 
void  :  But  if  default  (hall  be  made  in  payment  of  the  faid  funi 
of  two  hundred  dollars,  or  any  part  thereof,  in  manner  aforeo 
faidi  then  this  obligation  to  remain  in  full  force. 


A  Condition  to  pay. Money  at  the  end  of  an  Ap- 
prenticefhip,  or  on  Marriage  with  a  particu^m 
lar  Perfon. 

THE  condition  of  this  obligation  is  fuch.  That  IVhereas 
the  above  named  A.  B,  hath  put  himfelf  apprentice  to 
C.  D.  of,  Sec,  with  him  to  dweil  and  ferve  as  his  apprentice^ 
from  the  day  of,  &<;.  u.ito  the  full  end  and  term  of  five 

years  from  thence  next  enfoing,  and  fully  to  be  complete  and 
ended,  as  by  the  faid  ir.d.enmre  of  apprenticefrip  may  more 
folly  appear  :  and  'whereat  the  above  named  E.  F.  hath  be- 
fore the  day  of  the  da:s  of  the  above  written  bond  or  obliga- 
tion, at  feveral  times  lent  to  and  difbuifed  for  the  faid  A.  B, 
feveral  fumsof  money,  which  amounting  in  the  whole  to  the 
fum  of,  &c.  for  which  the  faid  E.  F.  is  content  to  take  his 
|}otid  or  obligation,  payable  at  the  expitatioa  of  the  apprea« 

ticelbip 


Special  Conditions  of  Bonis, 


35 


tlceftiip  of  the  faid  A.  B.  or  the  day  of  marriage  of  the  faid 
yj.  B.  with  G.  H.  of,  Sec.  which  (hall  firft  happen  :  If  there- 
fore the  faid  /I.  B.  his  heirs,  executors  or  adminiftratorf,  cr 
any  of  them,  do  and  fhall  well  and  truly  pay  or  caufe  to  ba 
paid  to  the  faid  E.  F.  his  executors,  adminlft raters  or  affigns, 
the  full  fum  of,  &c.  at  the  end  or  expiration  of  the  faid  ap- 
prenticefhip  of  the  faid  /i.  B.  or  term  of  fii'e  years  above  men- 
tioned, or  on  the  day  of  maniage  of  the  faid  A.  B.  with  the 
faid  G.  H.  which  !hall  fi:ft  and  next  happen  to  be  or  come  afiei 
the  date  of  thefe  prefents  :  Then,  Stc.  or  otherwife,  &c. 


/4  Condition  to  marry  a  ceriain  PerfoUy  or  pay 
a  Sum  of  Money. 

THE  condition  of  this  obligation  is  fuch.  That  if  the 
above  bounden  /i.  B,  do  on  or  before  the  day 
of  next  enfuing  the  date  <)f  the  abotewiitten  bond 

or  obligation,  cfpoufc  andlawfuily  marry,  C.  D.  daughter 
of,  &c.  if  (he  the  faid  C.  D.  will  thereunto  confent,  and 
the  laws  of  this  (late  permit  the  faid  maniage  to  be  con- 
furanitted  :  Or,  if  it  fhall  happen  the  faid  .i.  B.  fliall  not 
marry  and  take  to  wife  the  faid  C.  D,  as  aforefaid  ;  if  then 
the  faid  /J.  B.  do  and  fhall  well  snd  truly  pay  or  caufe  to  be 
paid  to  the  faid  C.  D.  her  executors,  adminillrators  and  af- 
figns, the  full  fum  of,  &c.  of  lawful  money  of  on  oe 
before  the  day  of,  Sec.  next  enfuing  the  faid  day  of, 
&c.  above  mentioned.  Then,  <ic.  or  otherwife,  &c. 

N.  B.  The  bond  on  the  above  condition,  muft  be  made 
ia  the  name  of  a  third  perfcn. 


A  Conditicn  for  Payment  of  a  certain  Sum  year- 
ly to  tUL-o  Perfoni  during  tbtir  Lives. 

THE  condition  of  this  obligation  is  fuch,  That  if  the 
above  bound  /I.  B.  his  heirs,  executors  or  adminiftra- 
tors,  fhall  well  and  truly  payor  caufe  to  be  paid  to  the  fail 
C,  D.  and  E.  F.  during  their  natural  lives,  and  the  life  of 
the  furvivor  of  them,  the  annual  or  yearly  fum  of,  &c.  cf 
lawful  money  of         on  the  25th  day  of  December  in 

every 


40 


fecial  Conditions  of  Bonds. 


every  year,  the  firft  payment  thereof  to  begin  and  be  made 
on  the  25  th  day  of  December  next  enfuing  the  date  abotc 
written  :  Then,  &c.  otherrt  ife,  &c. 

Note,  If  the  word  furvivor  or  longer  liver  be  omitted 
in  a  coiuHtion  of  this  kind,  as  has  been  too  frequently  done, 
even  by  praclitioners  thcmfclves,  the  bond  becomes  abfo- 
lutely  void  on  the  death  of  either  of  the  obligets. 

3  Buljlr.  31.    See  Cro.  Jac.  ^^S. 


A  Condition  of  a  Bond  for  Performance  of  Cove^ 
nanls. 

T'HE  condition  of  this  obligation  is  fiich,  that  If  the 
above  bound  A.  B.  his  heirs,  executors  and  adroinif- 
trators  and  every  of  them  do  and  (hall  in  all  things  well 
and  trnly  obferve,  perform,  fulfil,  accomplifli,  pay  and 
keep  all  and  fingular  the  covenants,  grants,  articles,  clau- 
fcB,  provifocs,  payments,  conditions  and  agreements  wtiat- 
foever,  vrhich  on  the  part  and  behalf  of  the  faid  A.  B.  are 
or  ought  to  be  obferved,  performed,  fulfilled,  accomplilh- 
ed,  paid  and  kept  comprifed  or  mentioned  in  certain  inden- 
tures of,  &c.  \^Here  mention  leafe,  mortgage,  aflignment  ; 
and  if  arlic.es  cf  agreement  fay,  in  certain  articles  of  agree- 
ment, or  otherivfe,  as  the  nature  of  the  deed  referred  to  re- 
quires'}  bearing  even  date  with  the  bond  or  obligation  above 
written,  and  made  or  mentioned  to  be  made  between  the 
faid  A.  B.  of  the  one  part,  and  the  above  named  C.  D. 
of  the  other  part,  {_lVliere  there  are  more  parties  in  the  deed 
referred  to,  j  ou  mufl  he  careful  to  mention  them  ex.'iSly.  as  there- 
in defcribed'\  according  to  the  purport,  true  intent  and 
jneaning  of  the  fame  :  Then,  &c. 


J  Condition  to  free  a  Town  from  the  Burden 
of  a  Baflard  Child. 

WHEREAS  A.  B.  of,  &c.  fingle  woman,  hath 
fworn  before         one  of  the  judices  of  the  peace 
for  the  county  of,  &c.  aforefaid,!  That  the  above  bound 
a.  D.  is  iht  father  of  the  male  child  (he  has  lately  been  de- 
livered 


Special  Conditions  of  Bonds. 


4^ 


Itvered  of,  which  is  likely  to  become  chargeable  to  the  par- 
i(h  of,  &C.  \_If  ihe  vjoman  le  net  delivered,  then  fay  thus,  viz. 

That  flie  is  big  and  pregnant  with  a  baftard  child  ;  and 
that  the  above  bounden  C.  D.  is  the  father  of  fuch  child, 
which,  when  born,  will  become  chargeable  to  the  parilh 
of,  &c.]  Noiu  the  condition  of  this  obligation  is  fuch,  That 
if  the  above  bound  C.  D.  E.  F.  and  G.  H.  or  either  or  any 
of  them,  their  or  either  or  any  of  their  heirs,  executors  or 
adminiftrators  do  and  fhall  from  time  to  time,  and  at  all 
times  hereafter,  fully  and  clearly  acquit,  free  and  difcharge, 
or  well  and  fufRciently  fave  and  keep  harnilefs  and  indemni- 
fied the  above  named  ^ ■  K.  and  L.  M.  church  'wardens  and 
overfeers  of  the  poor  ef  X\\t  parijh  of,  &c.  aforefaid,  and 
their  fuccefTors  for  the  time  being,  and  every  of  them  ;  as 
alfo  the  inhabitants  and  parijhoners  of  the  faid  pari/h,  of, 
&c.  which  now  are,  or  hereafter  fliall  be,  for  the  time  be- 
ing, and  every  of  them,  of  and  from  all  manner  of  expen- 
ces,  damages,  cods  and  charges  whatfoever,  which  fhall  or 
may  at  any  time  hereafter  arife,  happen,  grow  or  be  impofed 
upon  them  or  either  or  any  of  them,  for  or  by  reafon  or 
meansj  of  the  maintenance,  education  or  bringing  up  of 
fuch  male  child  [^But  in  cafe  only  of  pregnancy,  proceed  thus, 
viz.  J  of  the  faid  being  gieat  with  child,  as  aforefaid; 

or  for  or  by  reafon  (if  the  biiih,  maintenance,  education, 
and  bringing  up  of  fuch  child  or  children,  that  fhe  the  faid 
j4.  B  now  goeth  with  and  (hall  be  delivered  of  j  and  of  and 
from  all  other  adlions,  fuits,  troubles,  charges,  damages  and 
demands  whatfoever,  touching  or  concerning  the  fame  ; 
Then,  &c.  otherwtife,  &c. 

Note  ;  When  once  this  fecurity  i»  given  to  the  town 
either  by  the  reputed  father,  or  the  mother  of  the  child, 
with  two  other  fufficicnt  bondfmen,  both  the  aggrelTors 
become  entirely  free  from  the  corporsl  punifhment  they 
were  before  liable  to  ;  and  of  courfc  the  authority  of  the 
tnagiftrate,  in  refpeft  to  ihofe  two  offenders  in  the  before 
mentioned  cafe,  from  that  moment  ceafes. 

That  part  of  the  condition  which  regards  only  the  preg- 
nancy oi  ihc^  woman,  mud  be  upon  the  voluntary  confef- 
fion  of  the  mother,  for  fhe  cannot  be  compelled  to  fubmit 
to  an  examination  till  fhe  is  deliveied,  fince  the  child  can- 
P  2  HOC 


Recognizaneei. 


not  be  il!tgitim3tc  before  it  is  born,  there  being  always  a 
poflibility  that  it  may  be  born  in  lawful  wedlock.  Slra. 
612.     Ld.  Raym.  I  368. 

•e*  In  the  ftjie  of  New-York,  the.l«w  requires  th«t  ihit  \>oni  be  nide 
to  iherjverreers  of  ihe  poor  of  (bi^  towni  and  does  not  afToeiaie  ur  cunnc^t 
(he  churchwardens  01  oificers  of  the  pariih  with  ihem  ac  all. 

A  Condition  for  payment  of  an  annual  Sum  to 
one  Per/on  during  life. 

THE  condition  of  this  obligation  is  fucfi,  That  if  the  above 
bound  A.  B.  his  heirs,  executors  or  adminiftrators,  do 
and  (hall  yearly  and  every  year,  during  the  life  of  the  above 
named  C.  D.  well  and  truly  pay  or  caufe  to  be  paid  to  the 
faid  C.  D,  one  annual  or  yearly  fum  of,  &c.  at  or  upon  the  firft 
days  of  January.  April,  July  and  Oflober,  by  even  and  equal 
poriions;  the  firft  payment  thereof  to  begin  and  be  made  on 
the  firft  day  of  next  enfuing  the  date  of  the  above  writ- 

ten bond  or  obligation  :  Then,  &c,  otherwife,  &c. 


Of  RECOGNIZANCES. 


A RECOGNIZANCE  is  an  obligation  of  record,  which 
a  man  enteis  into  before  fome  court  of  record  or  ma- 
giftrate  duly  authorifed,  with  condition  to  do  fome  particu- 
lar ad  ;  as  to  appear  at  the  artizes,  to  keep  the  peace,  to  pay  a 
debt,  or  the  like.  It  is  in  moft  refpefts  like  another  bond  : 
the  difference  being  chit  fly  this,  that  the  bond  is  the  creation 
of  a  frefli  debt,  or  obligation  de  no'vo. ;  the  recognizmce  fs 
an  acknowledgment  of  a  former  debt  upon  record.  BJackft. 
Com.  vol.  2.  ch,  20.  p.  341. 

Recognizance  to  pay  Co/Is. 

'7.  H,  of  the  city  of  New- York,  merchant,  and  /.  L.  of  the 

J  fame  place,  vintiipr.  acknowledged  ihcinfeivef,  and  each 
of  them  acknowleilged  himfelf,  to  be  indebted  to  M.  S.  exe- 
cutrix  of  the  laft  will. and  leftamcnt  of  /.  S.  deceafed,  in  the 
fum  of  twenty  pounds,  to  be  levied  upon  their,  and  each  of 
their  refpeflive  goods  and  chattels,  lands  and  tenements,  if 
failure  be  made  in  the  coudlcicn  here  ur.deiwxittcn. 

The 


Recognizances. 


43 


The  condition  of  the  above  recognizance  is  fach,  that  if  the 
;il)ovefaid  J.  H.  do  profecttte  to  effefi  an  action  of  debt  now 
ilej-ending  in  the  fupreme  court  of  the  ftate  of  New- York,  in 
ihe  name  of  J.  H.  againft  M.  S.  executrix  of  the  laft  will  and 
leftament  of  /.  S.  deceafed,  or  do  pay  to  the  faid  M.  all  fuch 
coftsand  charges  as  (hail  be  awarded  by  the  court  to  be  paid 
by  the  faid  J.  to  the  faid  M.  then  the  above  recognizance  to 
be  void  and  of  no  effect ;  otherwife  to  iland  in  full  force  atld 
virtue. 

Taken  and  acknowledged 

the  day  of  in  the  year  &c. 


Recognizance  on  a  Writ  cf  Error, 

MEMORANDUM,  that  on  the  day  of 

in  the  year  of  American  Independence,  A. 

of  in  the  county  of  hulbindroan,  and  C  Z).  of 

in  the  fame  county,  carpenter,  perfop.ally  came  and 
ap(>eafed  before  me  Efq.  chief  juftice  of  the  fupreme 

court  of  judicature  of  the  ft^te  of  New- York  and  feverally 
acknowledged  themfelves  to  owe  to  £.  F.  (the  defendant  in 
error)  the  fum  of  ( double  the fum  recovered )  upon  con- 

dition, that  (the  filairiliffs  in  error  J  fhould  profecute 

their  writ  of  error  with  effert  ;  and  if  judgment  be  affirmed 
(hall  fatisfy  and  pay  the  debt,  damages,  and  cofts  recovered, 
together  with  fuch  colts  as  fnall  be  awarded  for  the  delay  of 
execuiior.,  as  alfo  they  will  do  it  for  him. 


'jl  Recognizance  taken  hefcre  a  Ju/lice  of  the 
Peace  on  a  Warrant  for  a  common  ^ffault, 

A  IK        IT  T)  E  it  leracunbcred.  That  on  the  day 

^'       J3  ff  in  the  year  of  our  Lord 

A.  B,  of  in  the  county  atorefaid,  and  C.  D.  and  E. 

F.  cf  in  the  faid  county,  came  btfore  me  G.  H  cf 

Efq.  one  of  the  jullices  afligned  to  keep  the  peace 
in  tlie  fsid  county,  and  have  acknowledged  that  they  are 
indebted  to  the  people  of  the  ftate  of  New- York  ;  that  is 
to  fay,  the  faid  A.  B.  in  forty  dollars  of  good  and  la-A'ful 
money  of  faid  ftate ;  and  the  fuid  C,  D.  aad  E.  F.  feveraU 


44 


Ricognizancet. 


ly  in  twenty  dollars,  of  like  lawful  money,  on  their  goods 
and  chattels,  lands  and  tenements,  fcveraliy  to  be  levied 
for  the  ufe  of  the  faid  people,  if  default  fhall  be  made  ia 
the  condition  underwritten. 

The  condition  of  this  recognizance  is  fuch,  That  if  the 
above  bound  yi.  £.  rtiall  perfonally  be  and  appear  in  court 
at  the  next  general  feffions  of  the  peace  to  be  liolden  at 
I'or  the  county  of  aforefaid,  to  anfvver  unto  all  fuch 

matters  as  fhall  be  then  and  there  objtdted  a;;ainft  him  by 
K.  of  concerning  an  aflault  lately  made  upon 

him  the  faid  J.  K.  by  the  faid  /I.  B.  and  other  mifde- 
meanors  tending  to  the  breach  of  the  peace  ;  Then  this 
recognizance  to  be  void,  or  otherwife  to  be  and  remain  in 
full  torce  and  virtue. 

Taken  and  acknowledged  the  day 

and  year  aforefaid,  before  me,  G.  H, 


A  Recognizance  Jor  Payment  of  Cojls  in  a  Suit 
depending  in  Chancery. 

A  B.  of       before  R.  L.  Efq.  the  chancellor  of  the 
ftate  of  New-York  hath  acknowledged  himfelf  to  owe 
C.  D.  of  the  fum  of       of  good  and  lawful  money 

of    "  to  be  paid  to  the  faid  C.  D.  his  executors, 

adminiftrators  or  afligns,  at  next   enfuing  the 

date  of  this  prefent  recognizance:  and  the  faid  A.  B.  wills 
and  grants  for  himfelf,  his  heirs,  executors  and  adminif- 
trators, by  ihefe  prefents,  that  if  he  fhall  fail  or  make  defjult 
in  payment  of  the  faid  fum  of  that  then  the  faid  fum 
of  fhall  be  levied  and  resovfrcd  of  him  the  faid  /I.  B. 

his  heirs,  executors  and  adminiftrators,  and  of  all  and 
fir.gular  the  manors,  lands,  meffuages,  tenements,  here- 
ditaments, goods  and  chattels  of  him  the  faid  A.  B.  hia 
heirs,  executors  and  adminiftrators.  Witnefs  R.  L.  at 
the  day  of  in  the  year  of  our  independ- 
ence. 

Thecond'tUon  of  this  recognizance  is  fuch,  that  if  the 
above  bound  A.  B.  being  plaintiff  in  the  court  of 
againft  C.  D.  defendant,  (hall  pay  foch  coRs  to  the  faid  de. 

fendant 


Leittrt  and  Warrants  of  AUomef,  4J 


&ndant  as  the  faid  court  of  fhall  award,  if  they  fliaH 

iiee  caufe  to  award  any  ;  then  this  recognizance  to  be  void, 
or  othcrwtfe,  &c. 

Acknowledged  by  the  recognifor, 

the       day  of       in  the  year 

&c.  before  me, 


Hhe  Form  of  a  Bond  to  the  State,  which  is  of 
the  like  nature  of  a  Recognizance,  and  al- 
ways of  the  fame  efficacy. 

KNOW  all  men  by  thcfe  prefents,  that  I  A.  B.  of 
am  held  and  firmly  bound  to  the  People  of  the  State 
of  iNew-York,  in  the  fum  of  dollars,  kwful  money  of 
the  faid  ftate  ;  to  be  paid  to  the  faid  people  ;  for  which 
payment,  well  and  truly  to  be  made,  I  bind  myfelf,  my 
heirs,  executors  and  adminiftrators,  firmly  by  thefe  pref- 
ents  ;  fealed  with  ray  fesl,  dated  the,  Sec. 


Of  LETTERS  and  WARRANTS  oi 
ATTORNEY. 


A LETTER  of  attorney  is  an  authority  given  by  one, 
perfon  to  another  to  aft  fomething  in  his  name  ;  as 
to  receive  money,  &c.  and  a  warrant  of  attorney  is  of  the 
fame  nature,  though  generally  applied  to  pioceediogs  at 
law. 

Thefe  inftruments  commit  the  whole  power  of  the  mak- 
ers thereof  to  the  altorney,  to  accomplifh  the  acl  intended 
"to  be  performed.  Letters  of  attorney  are  fometimes  revo- 
cable, and  fometimes  not.  They  are  irrevtjcable,  when 
debts,  &c.  are  abfolutely  afligned  to  another,  and  on  that 
account,  the  word  irrevocable  is  commonly  inferted.  When 
levocable  they  ulually  carry  only  a  bare  authority  along 
with  him. 

If  the  attorney  exceeds  the  bountls  of  the  authority 

granted 


4^  Letters  and  IVar ranis  of  Attorne;j. 


granted,  as  in  the  Cafe  where  he  is  empowered  to  dtlivdr 
livery  and  feilin  of  land  in  fuch  a  paiticular  part,  and  he 
does  in  another,  this  fliall  render  the  whole  aft  void  ;  for 
authorities  of  this  kind  receive  a  very  rtrid  interpretation 
as  to  the  condudl  of  agents.  See  2  Barneys  Notes  C.  B.  44. 

If  a  warrant  of  attorney  be  to  enter  judgment  of  a  par- 
ticular term  cxprcfTcd,  and  the  attorney  enters  it  of  another 
term,  that  is  void.  Mod.  Rep.  1. 

If  a  perfon  gives  a  warrant  of  attorney,  to  confefs  judg- 
ment, and  dies  before  it  isconftffcd,  the  warrant  becomes 
countermanded.  Fentr.  ^xo.  Salk.  87.  /Imir.  53.  2  Stra, 
1081.  10  Mod.  4^.  So  if  a  female  gives  a  warrant  to  con- 
fefs judgmtnt,  and  marries  before  it  ii  entered,  this  is  likcwifc 
a  countermand.  Sali.  399.  See  Sa/i.  1 17.  Far,  Show. 

If  a  warrant  ofaitorney  to  confefs  judgment  be  above  a  year 
old,  you  muft  not  enter  it  ap  wiihout  leave  of  the  court ^ 
which  will  be  granted  upon  a  motion  by  counfel,  on  produc- 
ing a  warrant  of  attorney,  and  an  affidavit,  that  the  debt,  o( 
feme  part  of  if,  is  ftill  due ;  and  that  the  defendarrt  is  alive,  2 
i/joni.Re/'.  252.  Barnes'' s  Notes  C.  D.  t88.  Com.  226.  /tnon. 
6.  Mod.  212.  See  Lord  Raym.  850.  Str.  639.  2  Stra.  718. 
Foi  the  affidavit,  fee  head  /Affidavit. 

If  the  warrant  of  attorney  is  above  ten  years  {landing  the 
motion  on  the  above  affidavit  muft  be  made  in  court,  if  above 
twenty  years  (landing  there  muft  be  a  rule  of  court  on  defendant 
fe  (hew  caufe  why  the  judgment  on  the  warrant  of  attorney 
lhall  not  be  continued. 

^  No  warrant  of  attorney  is  of  any  force  unlefs  it  is  on  a  fep- 
arate  piece  of  paper  from  the  conirafl,  nor  if  given  while  the 
defendant  is  in  the  cuftody  of  any  officer,  unlefs  there  is  an  at- 
torney prefent  to  inform  him  of  the  nature  of  it.  But  the  law 
does.not  extend  to  defendants  in  cuftody  on  executions. 

N»te.  If  a  letter  of  attorney  be  going  into  a  different  juriC- 
diftion,  it  fhould  be  acknowledged  before  a  magiftrate,  it  into 
a  foreign  country,  then  it  is  fafcr  to  acknowledge  it  before  a 
notary  public. 


K 


^  general  Letter  of  Attorney, 

NOW  all  men  by  ihefe  prefents,  that  I  A  B.  of 
foi  Uiveis  good  caufes-and  conliderations  me  heteanto 

moving, 


Ltltert  and  Warrants  of  Attorney,  47 


nioving}  have  made,  ordained,  authorifed,  nominated  and 
appointed,  and  by  tbefe  prefents  do  make,  ordain,  aiitho. 
rife,  nominate  and  appoint  C.  D.  of  my  true  and 

lawful  attorney,  for  me,  and  in  my  name,  and  for  my 
own  proper  ufe  and  benefit,  to  afk,  demand,  fue  for,  re- 
cover and  receive  of  and  from  E.  F.  of  all  fuch  fum 
or  fum?  of  money,  debt*  and  demands  whatfoever  which  arc 
ijow  due  and  owing  unto  me  the  faid  /I.  B.  by  and  from  the 
faid  E.  F.  and  to  have,  ufe  and  take  all  lawful  ways  and 
ipeans,  in  my  name  or  othervpife,  for  the  recovery  thereof, 
by  attachment,  at  reft,  diftrefs  or  otherwife,  and  to  com- 
pound  and  agree  for  the  fame  ;  and  acquittances  or  other 
fufficient  difcharges  for  the  fame,  for  me,  and  in  my  name; 
to  make,  feal  and  deliver,  and  to  do  all  other  lawful  afts 
and  things  whatfoever  concerning  the  prem.ies,  as  fully, 
and  in  every  refpeft,  as  I  myfelf  might  or  could  do,  were 
I  perfonally  pre fent  at  the  doing  thereof ;  and  attornies, 
one  or  more  under  him,  for  the  purpofes  aforefaid,  to  make, 
and  again  at  his  pleafure  to  revoke  ;  ratifying  and  confirm- 
ing, and  by  thcfe  prefents  allowing  whatfoever  my  faid  at- 
torney (hall,  in  may  name  lawfully  do,  or  caufe  to  be  done, 
in  and  about  the  premifes,  by  virtue  of  thefe  prefents. 
Jn  'witncfs  whereof  I  have  hereunto  fet  my  hand  and  fealj 
jhe           day  of,  &c. 


A  Letter  of  Attorney  to  receive  a  Legacy, 

KNOW  all  men  by  thefe  prefents,  that  whereas  ^.  5. 
late  of  deceafed,  by  his  laft  will  and  teftament 

in  writingi  bearing  date,  &c.  lail  paft,  did  give  and  bequeath 
unto  me  C.  D,  ot  a  legacy  of  to  be  paid  unto 

ine  on  and  of  the  faid  will  made  and  conftituted  E.  F. 

of  and  G.  H.  of         joint  executors,  as  in  and  by 

the  faid  will  may  appear;  Now  know  ye,  that  1  the  faid 
C.  D.have  made,  ord<«ined,  c  >nftitufed,  and  app  iinted  J.  K. 
of  my  trueana  lawful  attorney,  for  me,  andin  my  name,  and 
for  my  own  proper  ufe  and  benetit,  toalk,  demand  and  receive 
of  and  from  the  faid  E.  F  and  G-  H.  the  legacy  of  given 
and  bequea  bed  unto  th^  faid  C.  D.  by  the  faid  will  of  the 
|5iid  A.  B.  as  aiorefaid ;  and  upon  receipt  thereof  b, ,  or 

payment 


4-8  Letters  and  Warrants  of  Attorney . 


payment  fliereof  to  my  faid  attorrxy,  general  releafe  otdif- 
charge  for  'he  fame  to  make,  execute  and  deliver  :  Hereby 
ratifying,  confirming,  al^d  allowing,  whatfnever  my  faid 
jittorney  fliall  lawfully  do  in  the  premifes.  In  tuitnefs,  8iC, 


A  Letter  of  Attorney  to  receive  Rent. 

KNOW  all  men  by  thefe  prefents,  that  I  A.  B.  of 
ha-ve  made,  conftituted  and  appointed  and  by 
theft  prefents  do  make,  confti  \itc  and  uppoint  C.  D.  of- 
&c.  my  true  and  lawful  attorn. -y,  for  me,  and  in  my  name, 
and  for  my  oA'n  proper  ufe  and  behalf,  to  ask,  demand 
and  receive  of  and  from  £.  F.  of  all  fuch  rent 

and  arrearages  of  rent,  which  now  are,  or  hercaftef" 
fli  11  grow  due  from  the  faid  E.  F.  out  of  and  from  all 
that  my  meffuage  or  tenement,  with  the  appurtenances, 
fjtuated  and  u  'on  receipt  thereof,  to  give  propci- 

acquittances  and  fufficlent  difcharges  thereof  :  And  in  de- 
fault  of  payment  thereof,  or  any  part  thereof  to  my  faid 
attornty,  I  do  hereby  autliorife  and  empower  him  my  faid 
attorney  for  me  and  in  my  name,  into  and  upon  the  faid 
ixitifuages  and  premifes  to  enter  and  diftrain;  and  the  dif. 
trefs  or  diftreffcs  there  found  and  taken  to  difpofe  of  accord- 
ing  to  law,  for  the  fpeedy  recovering  and  obtaining  my 
faid  rent,  and  ai  rears  of  rent  ;  or  otherwife  to  proceed  by 
a£lion  of  debt  for  the  recovery  thereof,  as  by  him  my  fai4 
fttorney  fliall  be  thought  fit  :  Hereby  ratifying,  &c. 


A  Letter  of  Attorney  to  make  a  D  't/irefs. 

KNOW  all  men  by  (hefe  prefents,  that  I  A.  B.  of 
have  made,  conttiiuted  and  appointed,  and  by  thefe  pre= 
fonts  do  make,  conftituie  and  appoint  C  D.  of  my  true 
and  lawlul  atiorneyj  for  me,  and  in  my  name,  to  take  any  per- 
fon  or  peifms  to  his  aiiiilance,  to  enter  into  and  upon  all  thefe 
my  lands,  at  now  in  the  occupstion  of  E.  F.  oi  his 

affigns,  as  tenants  theicot,  and  there,  for  me,  in  my  name,  to 
make  a  diftrefs  oi  all  the  cattle,  horlcs,  con;,  hav,  goods  and 
chattels  as  are,  or  fliall  be  found  in  or  upon  the  premifes,  for 
one  half  year's  rent  due  to  me,  out  of  and  for  the  premifes  ac 


l^tlert  and  I'/arranU  if  Allornej. 


49 


Uft  :  And  after  the  faid  goods  are  fo  diftrained,  if  the 
fald  E.  F-  doth  not  within  the  time  limited  by  the  ftatute 
io  thit  cafe  made  and  provided,  replevy  the  fame,  or  pay  the 
faid  rent,  then  and  in  fuch  cafe,  I  do  hereby  aulhorilc  my 
faiJ  attorney  to  caufe  the  faid  cattle  to  be  appraifed  ; 

and  according  to  fuch  appraifnient  to  make  fa!e  thereof  to 
fuch  petfon  or  perfona  as  will  buy  or  putchafe  the  fame  j 
and  the  ir.oney  a.  illng  by  fuch  fale  to  difpofe  of,  in  fuch 
manner  as  by  the  faid  ftatute  is  direfted.  And  for  what- 
focvcr  my  faid  attorney  (hall  lawfully  do  in  or  about  the 
premifes,  tbefe  prefcr.ts  (hall  be  to  him  a  fufficient  warrant. 

An  irrevocable  Letter  of  dttorney  to  receive 
Annuities. 

KNOW  all  men  by  thefe  prefents,  that  whereas  A.  B. 
of  being  poCclTcd  of  and  entitled  unto  two 

feveral  annnities  of  a  year  each,  by  virtue  of  the 

fevcral  exchequer  orders,  bearing  (3a:e  the  nu.nbers 

of  which  orders  are  and  made  in  purfuance  of  an  aA 

pafTed  &c.  entiJcd,  an  aft,  &c.  and  to  be  paid  by  four 
quarterly  paynr.ents,  for  and  during  the  term  of  ninety-nine 
years,  commencing  &c.  as  therein  mentioned  :  the  faid 
A  B.  being  ft>  pcifelled  as  atorefaid,  in  and  by  one  inden- 
ture bearing  date,  dc.  made  between  the  faid  B.  of  the 
one  part,  and  C  Z).  of  &;c.  and  jE'./'.  of&c  of  the  other  part, 
bath  afiigned  and  transferred  the  faid  tvi-o  feveral  annuities, 
and  the  tallies  and  ordets  made  out  thereupon,  and  all  his 
eftate  and  intereft  therein,  unto  the  faid  L..D.  aiid  E.  F.  to 
Jiold  to  them,  their  executors,  adminiftratcirs  and  afTigns,  to, 
for,  and  upon  the  feveral  trufts  therein  aientioncd  ;  and 
amongd  other  things,  in  trutl  to  permit  and  fuficr  the  faid 
A.  B.  and  his  aCigns  to  receive  and  take  one  of  the  faid 
annuities  of  a  year,  for  and  during  the  term  of  his 

natural  life  ;  as  in  and  by  the  faid  indenture  may  more  fully 
appear  :  Nctu  inotu  all  men  by  thefe  prefents,  that  we  the 
faid  C.  D  and  E.  F.  in  purfuance,  and  part  performance 
of  the  truit  in  US  repofed  by  the  faid  in  part  recited  in- 
^enture,  havt  made,  ordained,  condiluted  and  appointed, 
E  and 


Letters  and  Warrants  of  Attorney, 


and  by  thefe  prefents  do  make,  ordain,  conftitute  and  ap- 
point the  faid  A.  B.  our  true  and  lawful  attorney,  irrevoca- 
ble, in  our  names,  but  for  the  fole  ufe  and  benefit  of  him 
the  faid  A.  B.  to  aflc,  demand  and  receive  out  of  his 
Hiajefty's  exchequer,  or  of  or  from  the  lord  high  treafurer 
of  Great  Britain  for  the  time  being,  the  commifiioners  of 
the  treafiiry,  or  fuch  other  perfon  or  petfons  as  ought  to 
pay  the  fame,  the  faid  one  annuity  of  &c.  a  year  aforefaid, 
from  time  to  time  as  the  fame  (hall  or  ought  to  become 
payable  to  him  by  virtue  of  the  faid  in  part  recited  in- 
dentute,  and  on  receipt  thereof,  to  give  proper  and 
fufficient  acquittances  and  difcharges  for  the  fame;  Here- 
by ratifying,  confirming  and  allowing  whatfoever  our  faid 
attorney  fhall  lawfully  do  or  caufe  to  be  done  in  or  about 
the  premifes,  as  fully  and  effcftually  as  if  weourfdves  were 
perfonally  prefent,  and  the  aSors  and  doers  thereof.  In  &c. 


A  Letter  of  Attorney  to  let  or  fell  Lands. 

KNOW  all  men  by  thofe  prefents,  that  whereas  I,  A. 
B.  of  am  feifed  in  fee  of  and  in  all  that 

fituated       nov7  or  late  in  the  poffeffion  or  occupation  of 
Nc-M  know  ye,  that  I  the  faid  A.  B.  have  made, 
conftituted  and  appointed,  and  by  thtfe  prefents  do  make, 
conftitute  and  appoint  C.  D.  of  my  true  and  lawfu\ 

attorney,  for  me,  and  in  my  name,  to  leafe,  let,  fell  or  dc- 
mife  the  faid  to  fuch  perfon  or  perfons.and  for  fucl^ 

s.  term  or  number  of  years,  and  at  and  under  fuch  yearly  and 
other  rents  as  he  fliall  think  fit  j  or  otherwile  to  fell  and 
difpofe  thereof,  either  for  life  or  lives,  or  to  fell,  grant,  and 
convey  the  fame  abfolutely  in  fee  fimple,  for  fuch  price  or 
film  of  money,  and  lo  fuch  perfon  or  peifons  as  he  (hall 
think  fit  and  convenient  :  And  alfo  for  me,  and  in  my 
name  to  feal.  execute  and  deliver  fuch  deeds,  conveyances, 
bargains  and  fales,  for  the  abfoUue  fale  and  difpofal  there- 
of, or  of  any  part  thereof,  with  fuch  claufes,  covenants  and 
agreements  to  be  therein  contained,  as  my  faid  attorney 
(hall  think  fit  and  expedient  :  Hereby  ratifying  and  confirm- 
ing  all  fuch  leafe  or  leafes,  deeds,  conveyances,  bargains 
or  fale»,  which  (hall  at  any  time  hereafter  be  fealed  and  eic- 

ecutcd 


Letters  and  Warratitt  of  Attorney,  jt 

ecutcd  by  my  faid  attorney,  touching  or  concerning  the 
premifes,  &c. 


^  Letter  of  Jttortiey  to  deliver  Seijtn  of  Lands, 

KNOW  all  men  by  thefe  prefents,  that  I  A.  B.  of 
haw  made,  conftttuted  and  appointed,  and  by  thefe 
prefents  do  make,  conftitute  and  appoint  C.  D.  of  and 
E.  F.  of  or  either  of  them,  jointly  or  feverally,  my  true 
and  lawful  attorney  and  attornies  for  me,  and  in  my  name, 
place  and  ftead,  to  enter  into,  have  and  take  full,  quiet  and 
peaceable  pofTeflion  and  feifm  of  all  fituated 
which  in  and  by  one  indenture,  bearing  date  and 
aiade  or  mentioned  to  be  made  between  me  the  faid  A.  B. 
of  the  one  part,  and  G  H.  of  of  the  other  part,  arc 

granted  or  mentioned  to  be  granted  by  me  unto  the  faid 
G.  H.  his  heirs  and  afligns,  or  into  any  parcel  thereof,  in 
the  name  of  the  whole  ;  and  after  fuch  entry  fo  had  and 
tnade,  and  poffcffion  and  fiifin  fo  had  and  taken,  as  afore- 
faid,  to  deliver  quiet  and  peaceable  poffeffion  and  feifin  of 
the  faid  premiiesunto  the  faid  G.  H.  or  to  his  attorney  or 
attornies  on  that  behalf  lawfully  authorifed,  to  be  held 
and  enjoyed  according  to  the  tenor,  form  and  efFeft  of  the 
faid  indenture  above  mentioned.  And  whatfoever  my  faid 
atloiney  or  attornies,  or  either  of  them,  fhall  lawfully  do 
in  the  premifes,  I  do  hereby  ratify,  confirm  and  allow,  as 
fully  and  effeflually,  as  if  1  my ftlf  were  prefent  and  did  the 
fame.   In  witmfs,  &c. 


/I  Letter  of  Attorney  to  receive  Seifin. 

KNOW  all  men  by  thefe  prefents,  that  I  A.  B.  of 
have  made,  conftituted  and  appointed,  and  by 
thefe  prcfence  do  make,  conftltute  and  appoint  C.  D.  of 
my  true  and  lawful  attorney,  for  me  and  in  my  name,  and  in 
my  place  and  ftead,  to  take  and  receive  of  and  from  E.  F. 
of  or  of  and  from  his  attorney  or  attornies  in  that  be- 
half lawfully  authorifed,  fuU,  quiet  and  peaceable  poffeffion 

and 


Lilters  and  IFarrants  of  Attorney. 


and  ftifin  of  which  in  and  by  one  indenture  of  bear- 
ing date,  &c.  are  {rranted  or  mentioned  to  be  granted  un« 
to  me  the  faid  A.  B.  and  fuch  poffcflion  of  feifin  thereof  fo 
had  and  takm,  to  hold  and  keep  to  the  ufe  of  me,  my  heirs 
and  afligiis,  according  to  the  tenor  and  effert  of  the  faid 
indenture  of  &c.  And  whatfocver  my  faid  attorney  (hall 
lawfully  do  in  thcpremifes,  I  do  hereby  ratify,  confirm  and 
allow,  as  fully  and  effectually  as  if  I  myfelf  were  per fonally 
prtftnt  and  did  the  fame.    In  iviinefr,  &c. 


irrevocable  Letter  of  Attorney  to  receive 
Money  due  on  Bond. 

KNOW  all  men  by  thefe  prcfents,  that  \  A.  B.  of 
have  made,  conftituied  and  appointed,  and  by  thefe 
preftnts  do  make,  conftitute  and  appoint  C.  D.  of  my 
true  and  lawful  attorney  irrevocable,  forme  and  in  my  name, 
but  to  the  fole  ufe  of  him  the  faid  C.  D.  to  afk,  demand  and 
receive  of  and  ficm  E.  F.  of  and  G.  H.  of  the 

fum  of  due  unto  me,  in  and  by  one  bond  or  obligation, 
bearing  date  gi»ing,  and  by  tlitfe  prefents  granting,  to 
iTiy  faid  attorney,  my  full  power  and  authority,  in  my  nam*, 
place  and  ilead,  m  do  all  and  every  aft  and  afts,  thing  and 
things,  device  and  devices  in  the  law  whatfcever,  for  the  re- 
covery of  the  fdid  debt,  as  fully  to  all  intents  and  purpofes, 
as  I  myfelf  might  or  could  do:  And  upon  receipt  thereof, 
acquittances  or  other  difcharges,  fcr  me  and  in  my  name,  to 
make,  feal  and  execute  :  Hereby  ratifying,  confirming  and 
allowing  vvhatfocver  my  faid  attorney  (hall  lawfully  do,  or 
caufe  to  be  done,  in  or  about  the  premifcs.    //;  tuitnejs  &c. 


Letter  of  Attorney,  from  a  Sailor  to  his  Wife^  to 
receive  bis  fVa^es  and  all  other  Debts. 

1.4.  B.  appoint  my  lawful  wife,  M.  C.  my  true  and  law- 
ful attorney,  for  me  and  in  my  name,  and  for  my  ufe,  to 
3fl<,  demand  a'nd  receive  of  and  from  all  and  every  perfon 
and  perfons  whomfoever,  as  well  all  fuch  fum  and  fums  of 
money  as  now  are,  or  which  (hall  or  may  at  any  time  here- 
after 


Letters  and  Warrants  cf  Attorney.  53 


after  become  due  and  owing  to  me  for  wages  from  any  /hip 
or  (hips  to  which  I  now  do  or  may  belong  ;  as  alfo  all  other 
monies  now  due,  or  to  become  due  and  owiag  to  me  by  any 
other  waysor  means  whatfoever,  and  upon  non-payment,  &c. 


A  Revocation  of  a  Letter  of  Attorney. 

KNOW  all  men  by  thefe  prefents,  That  whereas  I  A. 
B.  of  in  and  by  my  letter  of  attorney,  bear- 

ing  date  did  make,  conftitute  and  appoint  C.  D. 

of  my  attorney,  for  recovery  of  all  debts  and  fums 

of  money  whatfoever  due  to  me  the  faid  ^.  B.  from  E.  F. 
of  as  by  faid  letter  of  attorney  may  appear  :  Now 

know  ye,  that  I  the  faid  J.  B.  for  that  the  faid  C.  D.  hath 
abufed  the  authority  by  me  in  him  repofed,  [Or  l/ius,  for 
divers  good  caufes  and  confideratiens  me  hereunto  moving] 
have  revoked,  countermanded,  annulled  and  mace  void, 
^nd  by  ihcfe  prefents  do  revoke,  countermand,  annul  ard 
make  void,  the  faid  letter  of  attorney,  and  all  power  and 
authority  thereby  given  or  intended  to  be  given  lo  the  faid 
C.  D,    In  witne/s,  Sec. 


j1  Warrant  of  Attorney  to  appear  and  plead 
to  an  Action  commenced. 

TO  Mr.  y/.  B.  of  one  of  the  attornies  of  the 

Court  of  Thefe  are  to  defire  and  authorife  you 

to  appear  for  me  C.  D.  of  in  the  faid  court,  at  the 

fuit  of  in  an  aftion  of  and  to  plead  to  the  faid 

a6lion  of  and  for  your  fo  doing,  this  fhall  be  to  you 

a  fufficient  warrant.    In  -witne/s,  &c. 


A  Warrant  of  Attorney  to  confefs  yudgment, 

TO  Vixi  A.  B.  and  Mr.  C  D.  attornies  of  the 

or  to  any  other  attorney  of  the  fame  court, 
theft  are  to  authorize  you,  either  or  any  of  you,  to  ap- 
pear for  me  E.  F.  of  in  the  faid  court,  this  prefent 
term,  or  any  other  fubfequent  term,  at  the  fuit  of  G.  H, 
E  2  of 


54  Letters  and  Warrants  of  Aitorntf, 

of  and  confefs  a  judgment  againft  me  unto  him,  in 

an  aiSlion  of  debt  for  befides  cods  of  fuit,  bf  Noit 

fum  lnformaius,  nil  dicit,  or  otherwife  ;  and  for  your,  cither 
or  any  of  your  fo  doing,  this  (hall  be  your  warrant. 
In  •Milnffs,  &c. 


Warrant  of  /Attorney  to  confefs  jfudgment  on  a 
Bond. 

To  A.  B.  C.  D.  &c.  gentlemen,  altornies  of  the  fu- 
pieme  court  of  judicature  of  the  ftate  of  New- 
York,  (or,  of  the  court  of  common  pleas  of 
as  the  cafe  may  be. ) 

THESE  are  to  authorize  you,  the  attoruies  above  nam- 
ed or  any  one  of  you,  or  any  other  attorney  of  the 
fupreme  court  of  judicature  of  the  ftate  of  New- York,  (or 
vf  the  court  of  common  fleas  of  the  county  ^  to  appear 

for  rne  E.  F.  of  in  the  fald  fupreme  court  (or  court 

rf  common  pleas  of  _^  as  of  ilie  terra  of  no*» 

laft  palt,  or  in,  or  as  of,  any  fubfequent  term  ;  and  to  re- 
ceive a  declaration  for  me,  in  an  aftion  of  debt  on  a  bond, 
bearing  even  date  herewith,  or  an  for  fo  much  money  bor- 
rowed, r.t  the  fmt  of  G.  H.  and  therefore  to  confefs  the 
fame  atlion  ;  or  elfc  to  fufFcr  a  judgment  by  nil  dicit,  non 
fum  informatus,  or  otherwife,  topafsagainft  me,  nf  record, 
for  the  faid  debt,  together  with  cofts  :  and  to  rcleafe  the 
errors  of  fuch  judgment  ;  And  for  your  fo  doing  this  fliail 
be  to  you,  or  any  one  of  you,  or  any  other  attorney  as 
aforefaid,  a  fufEcient  warrant.  In  witnefs  whereof  I  have 
hereunto  fet  my  hand  and  feal,  the  day  of  io 

the  year  of  our  Lord,  one  thoufand  eight  hundred. 
Sealed  and  Delivered 
In  the  frefence  of 


A  Warrant  of  Attorney  to  acknowledge  Satif- 
faBion  on  a  Judgment. 

TO  Mr.  A.  B.  of  and  Mr.  C.  D.  of  attorniea 
of  the       or  to  any  other  atiorney  of  the  fame  court. 

Whereas 


Letters  if.d  lyarranis  of  Attorney. 


Whereas  I,  G.  H.  of  did  in  term  laft, 

obtain  and  recover  one  judgment  in  the  fald  court  of 
againll  E.  F.  q(  for  debt  and  for  damages 

and  colls  of  fuit,  as  by  the  records  thereof  remaining  ia 
the  faid  coutt  may  appear:  And  for  which  faid  judg- 
ment, and  debt  and  damages  thereupon  recovered,  1  the 
faid  G.  H.  am,  and  do  hereby  acknowledge  to  be  fatisfied 
contented  and  paid. 

7hcfe  are  therefore  to  defire  and  authorife  you,  either  or 
any  of  you,  and  I  do  hereby  give  you,  each  and  every  of 
jon,  full  power  and  authority,  for  me,  and  in  my  name,  to 
acknowledge  fatis-faftion  upon  record  in  the  faid  court,  of 
and  for  the  faid  judgment,  and  the  debt  and  damages  there- 
upon recovered.  And  for  your,  either,  or  any  of  your  fo 
doin^,  this  fiiall  be  your  fuflicicnt  warrant.    In  witnefs,  &C. 


j4  W  air  ant  of  Attorney,  to  covfefs  a  yudgment 
in  Ejectment. 

To  

THESE  are  to  defire  and  authorife  you,  the  attorni'es 
above  named,  oreither  of  you,  or  any  other  attorney 
of  the  court  of  at  aforefaid,  to  appear  for 

me  Jf.  K.  of  in  the  faid  court,  as  of  this  prefent 

term,  or  any  other  fubfequent  term,  and  then  and 
there  to  receive  a  deciaration  or  declarations  for  me  in  an 
adiiofi  of  trefpafs  in  ejedlment,  at  the  fuit  of  &c.  (the  lejjfee 
of  the  plaintiff')  for  with  the  appurtenances,  in  in 
the  county  of  which       AT.  of  Efq.  (that  is, 

the  moriongee)  the  day  of  this  inftant,  at  afore- 

faid, did  demife  to  the  faid  (hjfee  of  the  plaintiff)  and  his 
affigns,  to  hold  from  the  of  laft  part,  before  the 

date  hereof,  for  the  term  of  from  thence  next  enfu- 

ing,  fully  to  be  complete  and  ended ;  and  thereupon  to 
confefs  a  judgement  in  the  feid  aftion  forthe  faid  melTua^es, 
lands,  and  premifes,  with  their  appurtenances,  or  elfe  to 
fuffer  the  fame  to  pafs  by  Non  fnm  informatus,  or  other- 
wife,  agjinft  me,  in  the  fame  a£tion,  and  to  be  thereupon 
forthwith  entered  up  agalnft  me  of  record  ;  and  for  ydur 
fo  doing,  5cc.  Warratit 


56 


Lttttrs  a  fid  Wetranlt  of  Atii.rntj> 


Warrant  to  defend  a  Suit. 

Mr.  A.  B. 

I HEREBY  authotife  you  to  appear  for  me  C.  D,  to  an 
aflion  brought  againft  me  in  the  court  of  at  the 

fuit  E.  F.  and  plead  thereto,  and  further  to  do  fuch  things 
therein  as  you  (hall  think  neceffary  for  my  defeuce  in  the 
feid  aftion. 

Dated  th'it  Tours, 

day  of  C.  D. 


Another  in  EjeSlment. 

Mr.  y.N. 

I HEREBY  authorlfe  you  to  appear  for  me  In  this  de- 
claration, and  procure  me  to  be  made  defendant  in  the 
room  of  the  cafual  ejeftor,  and  enter  into  the  common  rule 
for  confefling  Icafe,  entry  and  oufler,  and  thereupon  plead 
not  guilty. 


Warrant  from  the  Plaintiff'  to  the  Sheriff  and 
Gaoler,  to  difcharge  the  Defendant, 

TO  G.  L,  Efq.  flieriff  of  5.  and  to  the  keeper  of  the 
common  gaol  within  the  faid  county,  f.  L.  of 
fends  greeting.    Whereas  f.  D.  of  is  now  in  your 

cuftody,  by  virtue  of  a  writ  of  Capiat  ad fat'ts faciendum,  ifTued 
out  of  the  court  of  at  at  the  fuit  of  me,  the 

faid  J.  L.  for  certain  damages  in  the  faid  writ  mentioned, 
for  which  faid  damages  I  have  received  fatisfaftion  :  Now 
therefore  thefe  arc  to  will  and  authorife  you,  and  each  of 
you,  that  you  immediately  difcharge  and  releafc  the  faid  J. 
D.  of  and  from  the  execution  aforefaid,  and  of  and  from  all 
writs  and  procefs  whatfoever,  at  my  fuit,  and  of  and  from  all 
or  any  reftraint  and  imprifonment,  by  occafion  of  any  ex- 
ecution, writ  or  procefs  heretofore  charged  againft  him  by 
me  the  faid  J.  L.  upon  your  being  paid  your  fees.  And  for 
fo  doing,  this  fhall  be  your  fufficient  warrant.  Given  under 
my  hand  and  fcal,  the  day  of  in  the  year  of 

our  Lord  one  thoufand  &c.  Of 


RtUa/eS. 


57 


Of  RELEASE  S. 


A RELEASE  is  the  giving  or  difcharging  of  the  right 
or  artion  one  p erfon  has  or  claims  againll  another  i 
By  it  is  liitewife  meant  a  conveyance  of  a  man's  inccreft  or 
right  in  lands.  !VrJi.  Sy^b's  Par.  i .  leb.  2. 

All  aftions  or  fu'ts  may  be  difch^rged  by  releaTe  ;  as  like* 
wife  debts,  legacies,  &c.  before  or  after  they  become  due. 
Judgments  and  executions  may,  by  proper  words,  be  alfa 
difcharged  by  it.  A  releafe  in  general  of  all  aflions,  bars, 
all  aflionsi  /uits,  bonds,  &c.  provided  the  caiife  of  aftion 
fubfifts  at  the  time  of  executing  the  releafe  ;  but  this  re- 
leafe will  not  bar  executions  or  writs  of  error.  Z./V.  406. 
Co.  Lit.  285.  4  R^p.  63.  8  Re/>.  152,  159.  Cro.  Eii%.  ^gj. 

A  releafe  of  all  demands  is  the  moil  exienfive  and  effec- 
tual difcharge  of  any,  including  in  it  mod  of  all  the  others- 
Lit.  508.  Co.  Lit.  291.   5  Rep.  71.    8  Rfp.  853.  Dy.  56. 

A  releafe  to  one  obligor,  where  fevtral  are  bound  iu  » 
bond,  is  a  difcharge  to  the  others.  Lit.  Rep,  191.  2  S'ldt 
41.    Co.  Lit.  232.    Cro.  Eli^.  648. 

A  releafe  from  a  landlord  to  one  joint-tenant  (hall  ex- 
tend to  both.    Hob.  66.    Co.  Lit.  2 ^z. 

If  two  commit  a  trefpafs,  the  releafe  to  one  trefpaflbr 
will  difcharge  the  other.  i  Injl.  232.  2.  Ral.  Abr.  410. 
HjI.  66.    Bro.  Reltiifcpl.  94. 

Where  a  debtor  is  made  executor,  or  a  creditor,  being  a 
woman,  marries  the  debtor,  tke  debts  in  both  thefe  cafes 
are  rcleafed  in  law.  Dro^jvnl.  76.  Co.  Char.  373.  Co.  Lit. 
26^.b.  Rol,  hep.  934,940.  Plcwd.  184.^.186.(7.  Hob. 
10.  IVer.tzu.  45.  Teh.  1 6o  Mo.  236,  855.  Jo.  345, 
Htt.  17,  128.  And  in  the  tirft  of  thefe,  the  executor  ma]r 
retain  goods  of  the  tcftator  fiifBcient  to  fatisfy  him  his  debt. 
Where  an  obligor  is  adminiftrator  of  the  goods  of  the  obli- 
gee, this  wfil  not  amount  to  a  releafe  in  law.  SiJ.  79  Lnn, 
90,  Qf.  Rol.  rep.  934.  Siuhib.  300,  301,  325.  Salt.  303, 
327.  3  Salk.  163.  %  Rep.  136. 

If  a  rent  be  behiild  twenty  yearsj  and  a  releafe  given  for 

the 


Releafet. 


the  lafi  year  due,  all  the  rent  in  arrear  is  prefumed  In  law 
to  be  fati.  fied.  Trial  per  pats,  edit.  I  739,  p.  418.  Law  of 
Evidence  edit.  1779,  p.  196.  5/V/.  13.  GAleri's  lazu  of  ev'td. 
edit.  p.  1760,  160,  161.  12  Fin.  air.p.  129.  [/^.  t. 
6c.]  //.  2. 

General  ReJeafe. 

KNOW  all  men  by  thefe  prefents,  That  I  y4.B.  of 
have  remifed,releafed,and  for  ever  quit  ciaimed,  for  me, 
my  heirs,  executors  and  adminiftrators,  and  by  thefe  pre- 
fents do  remife,  rtlcafe,  and  for  ever  quit  claim,  unto  C.  D. 
of  bis  heirs,  executors  and  adminillratnrs,  all  and  all 
manner  of  aflion  and  adlions,  caufc  and  caufes  of  ad\ions, 
fuits,  bills,  bonds,  writings,  obligatioiis,  debts,  dues,  duties, 
reckonings,  accounts,  fum  and  fums  of  money,  judgments, 
executions,  extents,  quarrels,  controverlies,  trefpaflts,  dam- 
ages and  demands  whatfotver,  both  at  law  and  in  equity, 
or  otherwife  howfoever,  which  againft  him  the  faid  C,  D.  I 
ever  had,  now  have,  or  which  I,  my  heirs,  executors  or  ad- 
miniftrators can,  (hall  or  may  have,  claim,  challenge  or 
demand,  for  or  by  reafon  or  means  of  any  aft,  matter, 
caufe  or  thing,  from  the  beginning  of  the  world  to  the  day 
of  the  date  of  thefe  prefents.    In  luitneft,  isfc^ 


A  Rcleafe  of  a  Truji. 

KNOW  all  men  by  thefe  prefents,  That  luhereas  In  and 
by  certain  indentures  of       bearing  date  on  or  about 
and  made  or  mentioned  to  be  made  between  C.  D.  of 
of  the  one  part,  and  me  A.  B.  of     of  the  other  part, 
the  faid  C.  D.  for  the  confiderations  therein  mentioned,  did 
grant  In  which  faid  indenture  of      I  the  faid  A.  B. 

do  hereby  declare,  that  my  name  was  only  ufed  In  trud,  for 
E.  F.  of  Now  know  ye,  that  I  the  faid  A.  B.  in  dif- 

charge  of  the  truft;  in  me  repofed  as  aforefaid,  and  at  the 
requeft  of  the  faid  E.  F.  have  remifed,  rele&fed,  furrender- 
cd,  affigned,  transferred,  and  fet  over,  and  by  thefe  prefents, 
do  for  me,  my  executors  and  adminiftrators,  freely  and  ab- 
folutely  remife,  rcleafe,  furrender,  afGgn,  transfer,  and  fet 

over 


Rdeafis, 


59 


over  unto  the  faid  E.  F.  bia  executors,  adminiftrators  and 
afligns,  all  the  eftate,  right,  title,  interell,  benefit,  ttuft, 
claim,  and  demand  whatfoever,  which  I  the  faid  //.  B.  my 
executors  or  adminlArators,  can,  (hall  or  may  have,  or  claim 
of,  in  or  to  the  faid  premifes,  or  of,  or  in  any  fum  or  fum3 
of  money,  or  other  raattei  or  thing  whatfoever,  in  the  faid 
indtntuiesof  contained,  mentioned  and  expteffed  ; 

fo  that  nritber  I  the  fa  d  A.  B-  my  executors  or  adrainif- 
trators  at  any  time  hereaftei,  fhsU  or  will  claim,  challenge 
or  demand  aa)  intcreft,  property,  tjenefit  or  other  thing,  ia 
any  manner  whatfoever,  by  reafon  or  means  of  the  faid  in- 
denture, or  any  covenant  therein  contained  ;  but  thereof 
and  theref  om  and  of  and  from  ail  actions,  fuits  and  de- 
mandi,  which  I,  my  executors  or  adniinidrators,  may  have 
concerning  the  fome,  fhall  be  forever  debarred  by  thefe  pre- 
sents.   Jn  iviineft,  &c, 

A  Releafe  of  a  Legacy, 

KNOW  all  men  by  thefe  prefents,  That  'whereas  A.  B,  of 
made  his  laft  will  and  teftament  in  writing,  bearing 
date  did  among  other  legacies  therein  contained,  give  and 
bequeath  unto  me,  C.  D.  of  the  fum  or  legacy  of 
and  of  his  faid  will  made  and  conftituted  E.  F.  fole  executor, 
as  in  and  by  the  faid  will  may  appear;  Non)  know  ye,  that 
I  the  faid  C.  D,  do  hereby  confefs  and  acknowledge,  that  I 
have  had  and  received  of  ?rid  from  the  faid  E.  F.  the  legacy 
or  fum  of  fo  as  aforefaid  given  and  bequeathed  unto  me 
by  the  faid  A.  B.  And  therefore  I  do  by  thefe  prsfents  ac- 
quit, releafe  and  difcharge  the  faid  E.  F,  of  and  from  all  le- 
gacies, dues,  duties  and  demands  whatfoever,  which  I,  my 
executors  or  adaiiniftrators  may  have,  claim,  challenge  or  de-: 
inand  of  or  againft  (he  faid  E.  F.  his  executors  or  adminitlra- 
tors,  by  virtue  of  the  faid  laft  will  and  teftament  of,  or  out  of 
the  eftate  of  the  faid  A,  B.  deceafed  as  aforefaid. 
/«  nuitnt/s,  i^c, 

A  Releafe  from  a  Legatee  upon  bis  coming  to 
age. 

KNOW  all  men  by  thefe  prefents,  That  ivhereas  A.  B.  of 
made  his  laft  will  and  teftameac  ia  writing,  bearing 

date 


Keleafti, 


date  and  among  other  legacies  therein  contained)  did  give 
and  bequeath  unto  rae,  C.  D.  of  his  fon,  the  annual  fum 
of  to  be  paid  me  quarterly,  iintil  \  Ihould  attain  the  age  of 
one  and  twenty  years;  and  of  his  will  conftituted  E.  F.  and 
Q.  H.  joint  executors,  as  in  and  by  the  faid  will  may  appear  ; 
/!nd  'v.hertas  the  faid  E.  F.  and  G.  H.  did  jointly  accept  of 
the  faid  executotdiip  and  truft,  and  I,  the  faid  C.  D,  have 
attained  my  faid  age  of  tv/enty-one  years :  ixhtreas  the 
faid  E.  F-  and  G.  ii,  have  made  up  an  account  with  me,  the 
faid  C.  D.  of  all  monies  received  and  paid  by  the  faid  E.  F. 
and  G.  //.  and  of  all  tranfa/ftions  in  purfuance  of  the  f^id  ex- 
scutorlhip  and  truft;  and  have  not  only  paid  me,  the  faid  C. 
J),  the  balance  of  fuch  accounts,  but  alfo  delivered  unto 
me  all  the  vvritings  and  papers  belonging  to  the  eftate  of 
the  faid  deceaftd  yf.  B.  Now  knotu  ye,  that  I,  the  faid 
€•  D  being  fully  fatisfied  in  the  prtmifes,  Aaw  rcmifed,  re- 
Jeaftd,  and  for  ever  quit  claimed,  and  by  thefe  prefents, 
</o  remife,  releafe  and  for  ever  quit  claim  unto  the  faid  E.  F, 
and  G.  H.  and  each  of  ihem,  their  and  each  of  their  execu* 
tors  and  adminiftratorg,  all  reckonings  and  accounts,  fum 
and  funis  of  money  by  them  had  and  received,  in  purfuance 
of  the  faid  truft,  or  by  any  means  of  their  being  executors 
to  the  faid  A.  B-  as  aforefaid  ;  and  alfo  of  iiud  from  all 
Other  reckotiings,  accounts  and  demands  uhatfoever,  from 
the  bsginning  of  the  woild  to  the  day  of  the  date  of  tbcfe 
prefents.    Jn  •w'llnef:,  Ijc. 


A  Releafe  of  the  Equity  of  Redemption  to  a 
Houfe  mcrtgaged  by  Deed  Poll. 

KNOW  all  men  by  thefe  prefents.  That  whereas  by  in- 
dentures of  leafe  Of  demife,  bearing  dale  made  or 
itientioiitd  to  be  made  between  me  A  B.  of  of  the  one 
part,  and  C.  D.  of  of  the  other  part    I  the  faid 

A.  B.  in  confideration  of  the  fum  of  therein  mentioned 
to  be  paid  by  the  faid  C.  D-  and  which  was  accordingly 
paid,  did  demife,  grant,  Itafe,  ftt  and  to  farm  let  unto  th'.  faid 
C  D  his  executors,  adminiftrators  and  affigns,  all  that 
\_Ifere  defltibc  the  premijes  particularly  as  /el  forth  in  the  lenfe.'^ 
To  hold  the  fame  unto  the  faid  C.  D.  his  executors  ad. 

miniftraiors 


RtUafet. 


61 


.ioiniftraters  and  affigns,  from  the  next  before  the  day 
of  the  date  of  the  faid  in  part  recited  indenture  of  demife, 
for  and  during  and  until  the  full  end  and  term  of  500 
years  froni  thence  next  enfuing,  and  fully  to  be  complete 
and  ended,  without  impeachment  of  or  for  any  manner  of 
wafte,  at  and  under  the  yearly  rent  of  one  pepper  corn,  pay- 
able at  or  upon  the  of  if  lawfully  demanded  : 
In  which  faid  in  part  recited  indenture  of  leafe  was  con- 
tained a  provifo  or  condition,  that  the  fame  (howld  be 
toid  on  payment  of  the  fum  of  at  a  day  long  fince  paft, 
as  in  and  by  the  faid  in  part  recited  indenture  of  leafe  may 
more  fully  appear.  And  whereas  the  faid  fum  of  or 
any  part  thereof,  was  not  paid«n  the  day  in  the  faid  provifo 
or  condition  mentioned  and  limited  for  the  payment  there- 
of, but  the  fame,  together  with  a  large  fum  further  for 
intereft,  amounting  in  the  whole  to  the  fum  of  remains 
due  to  the  faid  C.  D.  And  whereas  I  the  faid  y^.  B.  am 
fully  fatisfied  that  the  faid  monies  fo  due  to  the  faid  C.  D. 
on  the  faid  in  part  recited  indenture  of  leafe  as  aforefaid,  is 
the  full  value  of  the  laid  mortgaged  premifes,  and  that  I  the 
faid  A.  B.  am  not  able  to  redeem  the  fame.  [0/-  thus,  that 
the  faid  C.  D,  hath  oflFered  to  advance  to  me  the  faid  A.  B. 
the  further  fum  of  to  make  the  faid  fum  of  the  full 
value  of  ]  Now  knoio  ytj  that  1  the  faid  A-  B.  in 
confideraiion  thereof,  [Or,  in  confideration  of  the  fum  of 
of  lawful  money  of  to  me  the  faid  A.  B.  in  hand 
well  and  truly  paid  at  or  before  the  fealing  and  delivery  of 
tbefe  prefents,  the  receipt  whereof  I  the  faid  ^  B.  do  heie- 
by  acknowledge]  and  for  quieting  the  faid  C.  D.  in  the  pof- 
felfion  and  enjoyment  of  the  faid  mefluage  and  for  ex- 
tinguifhing  all  right  of  equity  of  redemption  of  the  faid 
mortgaged  premifes,  I  the  faid  A.  B  have  remised,  releafed, 
and  for  ever  quit  claimed,  and  by  thefe  prefents,  do  remife, 
rtleafe  and  for  ever  quit  claim  unto  the  faid  C.  D  his  ex- 
ecutors, adminiftrators  and  affigns,  the  faid  provifo  or  condi- 
tion in  the  faid  in  part  recited  indenture  of  leafe  contained, 
and  all  benefit  and  equity  of  redemption  of  the  faid  mef- 
€uage,Scc.by  virtue  or  colour  thereof,or  otherwife  howfoever: 
And  alfo  all  and  Angular  the  covenants,  grants,  claufes  and 
agreements  in  the  faid  in  part  recited  indenture  of  leafe  com- 
F  prifed 


ti 


Re/ea/es. 


prifcd,  which  on  the  part  and  behalf  of  the  faid  C.  D.  hfs  ex. 
editors,  adininiftrators  or  afiigns,  were  to  have  been,  or  are 
or  ought  to  be  preformed.  And  further  the  faid  A.  B.  (at 
the  confiderationsaforefaid,  hath  granted,  bargained  and  fold, 
releafed,  ratified  and  confirmed,  and  by  thefe  prefents,  doth 
grant,  bargain,  fell  and  confirm  unto  the  faid  C.  D.  his  ex- 
ecutors, adminiftrators  and  afligns,  all  and  lingular  the  faid 
mefluage  above  mentioned  and  recited  to  have  been 

granted  and  demifed  unto  the  faid  G.  D.  as  aforefaid,  and 
every  part  and  parcel  thereof,  with  the  appurtenances  ;  and 
alfo  all  the  eftate,  right,  title,  intereft,  claim  and  demand 
whatfoever,  both  in  law  and  equity,  of  me  thg  faid  A.  B.  of, 
in  and  to  the  faid  mefluage  or  tenements  and  preniifes,  and 
of,  in  and  to  every  part  and  parcel  thereof,  with  the  ap- 
purtenances :  To  have  and  to  hold  all  and  Angular  the  faid 
melTuage  unto  the  faid  C,  D.  his  executors,  adminif- 

trators  and  afligns,  for  and  during  all  the  reft,  refidue  and 
remainder  of  the  faid  term  of  500  years,  yet  to  come  and 
unexpired ;  freely  and  clearly  acquitted  and  difcharged  of  and 
from  all  benefit  and  equity  of  redemption  whatfoever.— y/nrf 
the  faid  A.  B.  for  himfelf,  his  heirs,  executors  and  admin, 
iftrators.doth  covenant, promife, grant  and  agree,  to  and  with 
the  faid  C.  D.  his  executors,  adminiftrators  and  afligns,  that 
he  the  faid  C.  D.  his  executors,  adminiftrators  and  afligns, 
{hall  and  may  from  time  to  time,  and  at  all  times  hereafter, 
during  therefidue  and  remainder  of  the  faid  term  of  500  years, 
in  and  by  the  faid  in  part  recited  indenture  of  leafe  granted, 
which  is  yet  to  come  and  unexpired,  peaceably  and  quietly 
have,  hold,  ufe,  occupy  and  enjoy  all  and  fingular  the  faid 
mefluage  and  every  part  and  parcel  thereof,  with  the  ap. 
purtenances,  without  the  let,  fuit,  trouble,  hindrance,  mo- 
ieftation  or  interruption  of  me.  the  faid  A.  B.  my  heirs  or 
afligns,  and  of  all  and  every  other  perfon  or  perfons  whom- 
foever,  claiming  or  to  claim,  by,  from  or  under  me,  them,  or 
any  of  them.    In  wituefs,  &c. 


A  Relt  afe  of  Bower, 

KNOW  all  men  by  thefe  prefents,  that  I  A.  B.  widow 
and  relia  of  B.  B.  late  of        deceafed,  for  and  in 

confideration 


Rekajes, 


Confideration  of  the  fum  of  dollars  of  lawful  money  of 
the  United  States,  to  me  the  faid  A.  B.  by  C.  B.  of 
fon  of  the  faid  B.  B.  deceafed,  well  and  truly  paid%  the  re- 
ceipt whereof  I  do  hereby  acknowledge,  have  remifed,  re- 
leafed, and  for  ever  quit  claimed,  and  by  thefe  prefents,  do  rc- 
mife,  releafe,  and  forever  quit  claim  unto  the  faid  C.  B.  all 
and  ail  manner  of  dower  and  right  and  title  of  dower  whatfo- 
«ver,  which  I  the  faid  A.  B.  now  have,  may,  might,  fliould, 
ftr  of  right  ought  to  have,  or  claim  of,  in  or  out  of  all  and 
every  the  manors,  mcffuages,  lands,  tenements  and  heredita- 
ments which  were  belonging  to  the  faid  B  B.  my  late  huf. 
band,  at  any  time  during  the  coverture  between  him  and  me 
the  faid  j4.  B.  fituated  or  elfewhere  :  And  alfo  all 

manner  of  aftion  or  aflions,  writ  and  writs  of  dower  what- 
fpever  ;  fo  as  neither  I  the  faid  A.  B.  nor  any  other  per- 
fon  for  me,  or  in  my  name,  any  manner  of  dower,  or  writ 
of  aftion  of  dower,  or  any  right  or  title  of  dower,  of  or  in 
the  faid  manors,  lands,  tenements  and  hereditaments,  or  of 
or  in  any  part  or  parcel  thereof,  at  any  time  hereafter  (hall  or 
may  have,  claim,  or  profecute  againft  the  laid  C  B.  his  heirs 
or  afligns.    In  wUnefs,  Sec. 

A  Releafe  of  Errors. 

KNOW  all  men  by  thefe  prefents,  that  I  A.  B.  of 
have  remifed,  releafed,  and  for  ever  quit  claimed,  and 
by  thefe  prelents,  do  remife,  releafe,  and  for  ever  quit  claim 
unto  C.  D,  of  all  and  all  manner  of  error  and  errors,  caufe 
and  caufes  of  error,  mifprifions,  mlfentries,  defeiSs  and 
.wrongful  pleading  and  proceedings  whatfoever,  made,  com- 
Oiitted,  omitted  or  done,  in,  about,  or  concerning  one  judg- 
ment for  the  fum  of  together  with  coflsof  fuit,  by  the 
laid  C,  D.  obtained  againft  me  in  the  court  of  at 
in  term  iaft  pad  ;  and  alfo  all  writs  of  error  or  errors 
whatfoever  concerning  the  fame.    In  tvitnefs  &c. 

[See  more  of  Releafes  under  the  head  of  Conveyances,] 


Acquittance* 


64 


^cquUtancet  and  Reeeipts. 


ACQUITTANCES  and  RECEIPTS. 


A  Receipt  or  Acquittance  for  Rent  paid. 

RECEIVED  il.is  day  of  of  Mr.  ^.  B.  the  fum 
of  twenty  dollars,  which,  with  ten  dollars  move  dif- 
burfed  by  the  faid  .4.  B  for  taxes  and  reparation  of  the  nn.ef- 
fuage  he  now  occupies,  fituated  makes  in  tiie 

whole  the  fum  of  thirty  dollars,  and  is  in  full  of  half  a 
year's  rent  due  to  me  out  of  the  faid  premifes  at  laft. 
i  fay  received, 

D.  30  by  me  C.  D. 

A  General  Receipt. 

RECEIVED  of  Mr.  A.  B.  the  fum  of  five  dollars,  in 
full  for       and  of  all  demands,    I  fay  received, 
D.  5  by  me  C  D. 

N.  B.  A  general  receipt  will  difcharge  all  debts,  except 
fuch  as  are  on  fpeciality,  i.  e.  bonds,  bills  and  other  inftru- 
menti)  that  may  properly  be  called  afts  or  deeds,  viz.  Thofe 
that  require  to  be  executed  in  a  folerrin  manner,  where  the 
fealing  and  delivery  are  the  mofl  eflential  parts  of  the  a£l  ; 
and  on  that  account  can  only  be  deftroyed  by  fomething  of 
equal  force,  viz.  fome  other  fpecialty,  fuch  as  a  general  rc- 
leafe.  This  receipt  will  not  difcharge  indorfeable  promilTory 
notes  or  inland  bills.  [_Ser  Promiffory  Notes,  page  29.] 

An  Acquittance  for  Debt  received  of  a  third 
Hand. 

RECEIVED  this  of  Mr.  A.  B.  by  the  hand  of 
Mr.  C.  D.  the  fum  of  five  dollars,  in  full  for  certain 
goods  bought  by  the  faid  //.  B.  of  me.  I  fay  received 
in  full  of  all  demands^ 

D.  5  by  me  E.  F. 

An  Acquittance  for  Money  received  by  a  third 
Perfon  for  the  U'fe  of  another. 

RECEIVED  this        of  Mr.  A.  B.  the  fum  of  ten 
dollars,  in  full  for  work  done  by  Mr.  C.  D.  for  the 

f^id 


jlcqtiitiances  and  Receipts.  65 

faid  A.  B.  I  fay  received  by  the  order  and  for  the  ufe  of 
the  faid  Mr.  C.  D. 

D,  10  by  me  G.  H. 


An  Acquittance  for  Money  received  in  Part  of 
a  Debt  due  on  Bond. 

RECEIVED  this  of  Mr.  J.  B.  the  fum  of  fixty 

dollars,  in  part  of  payment  of  a  greater  fum  due  to 
me  on  bond  from  the  faid  Mr.  ji.  B.    I  fay  received, 
D,  60  by  me  £.  D. 


A  Receipt  for  Interefl  due  on  Bond. 

RECEIVED  this  of  Mr.  A.  B.  the  fum  of  five 
dollars,  in  full  for  one  year's  intereft  of  100  dollars, 
due  ts  me  at  Chriflmas  lad  on  bond  from  the  faid  A.  B.  I 
fay  received, 

D.  5  by  me  C.  D. 

Note  ;  Befidcs  thefe  receipts  to  be  taken  on  payment  of 
money  due  on  bonds,  it  is  proper  to  have  ea'ch  payment  ea- 
dorfed  on  the  back  of  the  obligation. 


An  Acquittance  for  a  Legacy. 

RECEIVED  this  of  A.  B.  executor  of  the  laft 

will  and  teftament  of  C.  D.  late  of  deceafed,  the 
fum  of  eighty  dollars,  in  full  of  a  legacy  bequeathed  to  me 
in  and  by  the  laft  will  and  teftament  of  the  faid  C.  D.  I 
iay  received  in  full  of  all  demands, 

D.  80  by  me  E.  F. 


_  An  Acquittance  to  an  Adminiflrator  on  Payment 
of  a  Debt  due  from  the  Intefiate. 

RECEIVED)  this  of  Mr.  A.  B.  adminiftrator  of 

the  goods  and  chattels,  rights  and  credits  of  C.  D. 
late  of       deceafed,  the  fum  of  one  hundied  dollars,  in  full 
of  a  debt  owing  rae  by  the  faid  C.  D,  in  his  life  time,  for 
F  2  houfehold 


66  jlcquittances  and  Receipts. 

houfehold  goods  by  me  fold  hira.  I  fay  received  in  full  of 
all  demands, 

D.  IS  by  me  E.  F. 


A  T^eceipt  proper  to  he  taken  upon  a  PerforCs 
giving  a  Promijfory  Note  for  a  Book  Debt. 

RECEIVED  this        of  Mr.  A.  B.  a  promiffory  note 
for  the  fum  of  fifteen  dollars,  payable  to  me  or  order 
months  after  date  ;  which  fum,  when  paid,  is  in  full 
of  all  demands.    I  fay  received, 

D.  15  byme,£.2r. 


Acquittance  for  the  Purchafe  Money  on  the 
executing  of  a  Conveyance^  to  be  indorfed  on 
the  back  of  the  Deed. 

RECEIVED  the  day  and  year  within  written,  of  the 
within  named  K.  L.  the  fum  of  one  thoufand  dollars, 
being  the  full  confideration  money  within  raeutioned  to  be 
paid  to  me.    I  fay  received, 

D.  1000  by  me  E,  F. 

Witneffes  to  the  payment  \ 
of  the  money,  J 


A  Receipt  for  Writings  intrufled  in  a  Perfon^s 
Hands. 

RECEIVED  this  of  I.  M.  of         four  feveral 

deeds  or  conveyances;  one  of  them  purporting  to  be  a 
leafe  of  and  made  between  another  of  them  to  be  an 
afiignment  of  the  faid  Icafe,  and  made  betwe^  and  the 

ether  two  to  be  a  leafe  and  releafe,  and  made  between 
For  which  feveral  deeds  or  writings  I  hereby  promife  to  be 
accountable,  and  to  re-deliver  the  fame  to  the  faid  L.  M, 
on  demand.    la  'w'ltne/s,  &c, 

0/ 


Bargain  and  Sale. 


Of  BARGAIN  and  SALE  and  BILLS 
of  SALE. 


A BARGAIN  and  fate  transfers  lands  and  tenements  from 
one  perfon  to  another  ;  but  a  bill  of  fale  only  the  pro- 
perty of  goods.  There  inuft  always  be  a  valuable  confidera- 
tion,  where  lands  are  conveyed  by  bargain  and  fale:  And 
where  the  freehold  is  by  deed  to  pafs,  iiirolment  is  neceffary 
within  fix  months  after  the  date  of  the  bargain  and  fale,  and 
then  it  needs  no  livery  and  feifin.    27  Hen.  8.f.  10,  16. 

A  bill  of  fale  of  goods  and  chattels  may  be  made  without 
a  valuable  confideration,  or  inrolment ;  but  muft  have  lirery 
and  feifin.  Bac.  Abr,  71. 

Though  a  deed  of  conveyance  exprefs  a  confideration  of 
money  upon  a  purchafe,  it  is  no  proof  that  the  money  ex- 
prefled  was  really  paid  ;  but  proof  of  it  muft  be  aftuallf 
made  by  witneffes.  Stjl.  Rep.  462.  2  Will.  Rep.  295.  S.  P. 


A  common  Bargain  and  Sale  of  Lands. 

THIS  indenture  made  the        day  of  in  the  year 

of  our  Lord        between  A.  B.  of  of  the  one 

part,  and  C.  D.  of         of  the  other  part,  witneffeth,  That 
the  faid  A.  B.  for  and  in  confideration  of  the  fum  of 
of  lawful  money  of  to  him  the  faid  A.  B.  in  hand  well 

and  trul}?  paid,  the  receipt  whereof  is  hereby  acknowledg.ed  j 
he  the  faid  A.  B.  hath  granted,  bargained  and  fold,  and  by 
thefe  prefents  doth  grant,  bargain,  and  fell  unto  the  faid  C. 
D.  his  heirs  and  afligns,  all  that  mefliiage  and  alfo 

all  trees,  woods,  under  woods,  commons  and  common  of  paf. 
ture,  ways,  watercourfes,  profits,  commodities,  advantages, 
hereditaments  and  appurtenances  whatfoever,  to  the  faid  mef- 
fuage  above  mentioned  belonging,  or  in  any  wife  appertain- 
ing; and  the^reverfion  and  reverfions,  remainder  and  remain- 
ders, rents,  iffuesand  profits  of  the  faid  premifes,  and  of  every 
part  and  parcel  thereof ;  and  all  the  eftate,  right,  title,  in- 
tereft,  claim  and  demand  whatfoever  of  him  the  faid  A.  B, 

of 


68 


SUh  <^  Sale. 


of,  in  and  to  the  faid  meffuage  and  premifeS)  and  every 

part  thereof:  To  haw  and  to  bold  the  faid  meffuage 
and  all  and  fingulat  oiher  the  premifes  above  mentioned,  and 
every  part  and  parcel  thereof,  with  the  appurtenances,  unto 
the  faid  C.  D.  his  heirs  and  afligns,  to  the  only  proper  ufc 
and  behoof  of  the  faid  C,  D.  his  heirs  and  afligns  for  ever — 
^nd  the  faid  B.  for  himfelf  and  his  heirs,  the  faid  mef- 
fuage and  premifej,  and  every  part  thereof,  againft  him 
and  his  heirs,  and  againft  all  and  every  other  perfon  and  per- 
fons  whomfoever,  to  the  faid  C,  D.  his  heirs  and  afligns,  (hall 
dnd  will  warrant  and  for  ever  defend  by  thefe  prefcnts. 
In  luitae/s,  &c. 


A  Bill  of  Sale  of  Goods. 

KNOW  all  men  by  thefe  pre  fen  fs,  that  I  B.  F.  of 
for  and  in  confideration  of  the  fum  of  of  lawful 

money  of  to  me  in  hand  paid  by  C.  D.  of  at  or 

before  the  fealing  and  delivery  of  thefe  prefents,  the  receipt 
whereof  I  the  faid  B.  F.  do  hereby  acknowledge,  have  grant- 
ed, bargained  and  fold,  and  by  thefe  prefents,  do  grant,  bar- 
gain and  fell,  unto  the  faid  C.  D.  his  executors,  adminiftra- 
tors,  and  afligns,  all  the  goods,  houfehold  fluff,  implements 
and  furniture,  particul.irly  mentioned, expreffed  and  contain- 
ed in  the  fchedule  hereui.to  annexed  [Or  thus,  herein  alter 
particularly  mentioned,  that  is  to  fay,  one  bedftead,  &c.3  all 
and  Angular  which  faid  premifes  are  now  remaining,  ftanding 
and  being  in  a  certain  meffuage  or  tenement,  fituated 
and  now  or  late  in  the  occupation  of  the  faid  B.  F.  To  have 
and  to  hold  all  and  fn^j  ular  the  faid  goods,  houfehold  llufF 
and  furniture,  and  other  the  premifes  above  bargained  and 
fold,  or  mentioned  or  intended  fo  to  be,  to  the  faid  C.  Z>. 
his  executors,  adminiftrators  and  affigns  for  ever.  And  I 
the  faid  B.  F.  formyfelf,  my  heirs,  executors  and  adminiftra- 
tors,  all  and  Angular  the  faid  goods  unto  the  faid  Cm 

D.  his  executors,  adminiftrators,  aid  afligns,  againft  me  the, 
faid  B.  F.  my  executors  and  adminiftrators,  and  againft  all- 
and  every  other  perfon  and  petfons  v^liomfoever,  fhail  and  will 
warrant  and  for  ever  defend  by  thefe  prefents.    Of  all  and 
fingular  which  faid  goods  I  the  faid  B.  F.  have  put 

the  faid  C.  D,  ia  full  poffeffion,  by  delivciing  to  him  she  laid 


Bills  of  Sale. 


69 


C.  D.  oncfiJver  fpoon,  at  the  fealing  and  delivery  of  thefe 

prefents,  in  the  name  of  the  whole  premifes  hereby  bargained 
and  fold,  or  mentioned  or  intended  fo  to  be,  unto  faina  the 
faid  C.  D.  as  aforefaid.    In  lu'itnefs^  &c. 


Ihe  form  of  indorjing  Livery  and  Seijin  on  the 
above  Bill  of  Sale. 

MEMORANDUM,  the  day  and  year  firft  within 
written,  livery  and  feifin  of  the  gfoods  by  the 
within  written  deed,  bargained  and  fold,  wa?  delivered  by 
the  faid  B.  F.  to  the  faid  C.  D.  by  giving  and  delivering  to 
the  faid  C.  D.  one  filver  fpoon,  in  the  name  of  the  whole 
goods  and  premifes  fold,  in  prefence  of  us. 


A  Bill  of  Sale  of  Part  of  a  Ship  by  Indenture, 

THIS  indenture  made  the  day  of  in  the 

ytar  between  B.  F.  of  of  the  one  part» 

and  C.  D.  of  of  the  other  part,  ivilnejiih,  That  the 

faid  B.  F.  for  and  in  confideration  of  the  fum  of  to 
him  the  faid  B.  F.  in  hand  well  and  truly  paid,  at  or  be- 
fore the  fealing  and  delivery  of  thefe  prefents,  the  receipt 
whereof  the  (aid  B.  F.  doth  hereby  acknowledge,  hath 
granted,  bargained  and  fold,  and'  by  thcfe  prefentSj  doth 
grant,  bargain  and  fell  unto  the  faid  C,  D.  his  executors, 
adminiftrators  and  afligns,  one  fourth  part,  the  whole  into 
four  parts  equally  to  be  divided,  of  all  thai  Ihip  or  veflel, 
.  called  of  the  burthen  of  together  with  one  full 

}  fourth  part,  the  whole  to  be  divided  as  aforefaid,  of  all  the 
\  mails,  fails,  fail  yards,  anchots,  cables,  ropes,  cords,  boats, 
'  cars,  guns,  gunpowder,  fhot,  tackle,  apparel,  ammunition, 
}  and  furniture  to  the  faid  (hip  belonging,  or  in  any  wife  ap- 
!  pertaining  :  To  have  and  to  hold  the  faid  fourth  part  of  the 
I  faid  fhip  or  veffel,  and  other  the  premifes  hereby  granted, 
I  bargained  and  fold,  or  mentioned  or  intended  fo  to  be,  unto 
!  the  faid  C.  D.  his  executors,  adminiftrators  and  afligns  for 
ever,  as  his  and  their  own  proper  goods,  and  to  and  for  his 

and 


70 


Bills  of  Sale. 


and  their  own  proper  ufe  and  ufes  for  ever. — And  the  faici 
B.  F.  doth  hereby,  for  himfelf,  his  heirs,  executors  and 
adminlftratorS)  covenant,  promife,  grant  and  agree  to  and 
with  the  faid  C.  D.  his  executors,  adminiftrators  and  af- 
figns,  that  the  faid  B.  F.  at  the  time  of  tlic  fcaling  and  de- 
livery of  thefe  prefents,  is  the  true  and  lawful  owner  and 
proprietor  of  the  faid  fourth  part  of  the  faid  fhip  or  vefTelj 
and  premifes  hereby  granted,  bargained  and  fold,  or  men- 
tioned or  intended  fo  to  be,  unto  the  faid  C.  D.  his  execu* 
tors,  adminiftrators  and  afiigns,  as  aforefaid  :  And  that  he 
the  faid  B.  F.  at  the  time  of  the  fealing  and  delivery  hereof^ 
hath  in  himfelf  full  power  and  good  authority  in  law,  to 
grant,  bargain  and  fell  the  faid  fourth  part  of  the  faid  fliip' 
or  velTel  and  premifes  above  bargained  and  fold,  or  men- 
tioned or  intended  fo  to  be,  unto  the  faid  C.  D.  his  execu- 
tors, adminiftrators  and  afligns  in  manner  aforefaid  :  And 
alfo  that  it  (hall  and  may  be  lawful  to  and  for  the  faid  C.  D. 
his  executors,  adminiftrators  and  affigns,  from  time  to  timfe,^ 
and  at  all  limes  hereafter,  quietly  and  peaceably  to  have, 
hold,  poffcfa  and  enjoy  the  faid  fourth  part  of  the  faid  (hipj 
and  all  other  the  premifes  hereby  granted,  or  mentioned  or 
intended  fo  to  be,  vcithont  the  let,  trouble,  denial,  molefta- 
tion,  hindrance  or  difturbance  whatfoevcr,  of  him  the  faid 
B.  F.  his  executors,  adminiftrators  or  affigns,  or  of  any 
other  perfon  or  perfons  whomfoever,  lawfully  claiming  or 
to  claim  by,  from  or  under  him,  them,  or  any  of  them  ; 
and  that  fieed  and  difcharged  of  and  from  all  former  and 
other  bargains,  files  and  incumbrances  made,  done  or  com- 
mitted by  him  the  faid  B.  F.  or  any  other  perfon  or  per- 
fons,  by  his  order,  confent,  privity  or  procurement. 
In  loittiefs,  isfc. 


A  Bill  of  Adventure  at  Sea. 

TO  all  people,  I  J.  K.  of  fend  greeting  :  Whereai 
I  the  faid  y.  K.  intend,  by  God's  permifTion,  to  make 
a  voyage  unto  in  the  fhip  called  whereof  E.  F.  is 
tnafter,  and  now  bound  thither :  And  whereas  T.  S.  of 
the  day  of  the  date  hereof,  hath  paid  unto  me  the  faid 
y.  K.  the  futn  of       (or  configned  to  me  one  gold  watch 

&c.) 


C  'tJUy  Grants  and  Exchanges. 


7» 


|tc. )  the  receipt  whereof  I  do  hereby  acknowledge;  the 
adventure  of  which  faid  fum  of  or  watch,  &c,  the 

faid  T.  S-  hath  inirufted  me  with,  and  is  content  and  agreed 
to  bear  and  ftand  to  out  and  home.  Now  inoiu  ye.  That 
I  the  faid  ^.  K.  do  for  me,  my  txecutors  and  adminiftra- 
tors,  covenant  and  grant  to  and  with  the  faid  T.  S.  his  ex- 
ecutora,  adminiftrators  and  afQgns,  by  thefe  prefents,  that  I 
the  faid  J.  K-  my  executors,  adminiltrators  and  afligns, 
fliall  and  will  difpofe,  convert  and  employ  the  faid 
in  the  faid  voyage,  to  and  for  the  beft  and  moft  advantage 
to  the  faid  T.  S.  his  executors,  adminiftrators  or  alfigns, 
according  to  the  beft  of  my  (kill  and  knowledge  :  And  alfo 
that  I  the  faid  J.  K.  my  executors,  adminiftrators  or  affigns, 
|hall  and  v/ill  within  days  next  after  my  return  from  the 
faid  voyage,  or  the  arrival  and  difcharge  of  the  faid  (hip 
within  the  port  of  which  ever  (hall  firft  happen,  not  only 
give  and  deliver,  or  caufe  to  be  delivered,  unto  the  faid 
7".  S.  his  execators,  adminiftrators  or  afligns,  a  juft  and 
true  account  of  the  difpofition  and  management  of  the  faid 
jidventure  ;  but  alfo  well  and  truly  pay  and  deliver,  or  caufe 
to  be  paid  and  delivered,  unto  tlie  faid  T.  S.  his  executors, 
adminiftrators  or  afGgns,  all  fuch  money  and  proceeds  as 
fhall  be  due  and  coming  to  him  the  faid  7".  S.  his  execu- 
tors, adminiftrators  or  afligns,  from  me  the  faid  J,  K.  But 
if  the  faid  fhip  be  loft,  mifcarry.  or  be  caftaway  in  the  faid 
voyage,  then  no  account  is  to  be  given  by  me  the  faid 
K.  (or  the  adventpre  aforefaid.    In  ivitnefs,  i^c. 


Of  GIFTS,  GRANTS  and  EXCHANGES. 


A Deed  of  gift  paflies  either  lands  or  goads.  It  is  good 
againft  the  donor  or  perfan  that  makes  it,  and  all 
Others,  except  creditors,  when  it  (hall  appear  to  be  done 
tvith  an  intent  to  defeat  them  of  their  debts  ;  in  which  cafe 
the  law  adjudgeth  fuch  deed  void  as  to  fuch  creditors. 
Grants  are  of  the  like  nature  with  deeds  of  gift.  In  a  good 
grant  or  gift,  there  muft  be  a  graotor  or  donor  able  ttf 

grant  j 


CifiSf  Graats  and  Exehangts, 


grant  ;  and  a  grantee  or  donee  capable  of  the  thing  gnat- 

ed     Ue  Wood's  Infl.  332.   Perk.  57.   3  Rep.  80. 

An  txcliangc  is  where  a  pcrfon  being  fcifed  or  poffrffed 
of  certain  lands,  and  another  perl'on  of  other  lands,  exchange 
their  interefts,  fo  that  each  (hall  hare  the  other's  lands. 
Both  the  ellates  granted  mud  be  equal,  as  fee  fimple  for 
fee  finipK,  life  for  life,  a  term  fcr  the  like  term,  &c.  yet 
the  things  rxchangcd  need  not  be  of  one  nature,  or  equal 
in  value.    Lii  63,04     Co.  Lit.  ^0,^1. 

In  every  exchange  is  implied  a  condition  of  re  entry  upon 
the  lands  given  in  exchange,  if  either  of  the  parti'^s  is  evicl- 
*d  of  the  land  granted  him,  or  any  pamhereof.  ^Rep,  131, 


A  Deed  of  Gift  of  a  Perfinal  EJlate.  \ 

KNOW  all  men  by  thefe  prefents,  that  I  A.  B.  of  | 
in  confiJetation  of  the  natural  love  and  affeftion  ! 
which  I  have  and  beat  ^llto  my  beloved  filler  C.  D.  and  alf(|  I 
for  divers  other  goods  caules  and  confiderations  (ne  the  faid 
^  B  hereunto  mpving,  have  given,  granted  and  confirmed  , 
and  by  thefe  prefents,  do  give,  grant  and  confirm  unto  the  I 
faid  C.  D.  all  and  fingular  my  goods,  chattels,  plate,  jewels, 
leafcsand  perfonal  eftfltc  whatfoever,  in  whofe  hands,  cuf- 
tody  or  poircflion  foever  they  be,  within  the  ftateof 
JTo  have,  hold  and  eiijov  all  and  fingular  the  faid  goods, 
chattels  and  perfonal  ellate  afortfaid,  unto  the  faid  C.  D, 
her  executors,  adminiftrators  and  afligns,  to  the  only  proper 
life  and  behoof  of  the  faid  C.  D.  her  executors,  adminiftra- 
tors and  afligns  for  ever.  And  i  the  faid"  A.  B.  all  and  An- 
gular the  faid  goods,  chattels,  perfonal  eflate,  and  other  the 
premlfes  to  the  faid  C.  D.  her  executors,  adminillrators  and 
aflignn  againft  me  the  faid  /I.  B.  my  executors  and  adminif- 
trators, and  all  and  every  other  perfon  and  perfons  whom* 
foever,  (hall  and  w  ill  warrant,  and  for  ever  defend  by  thefe 
prefents.    Of  all  and  fingular  which  faid  goods,  chattels, 
perfonal  eftate  and  other  the  premifes,  I  the  faid  /I.  B.  have 
put  the  faid  C.  D.  in  full  pofreffion,  by  delivering  to  her  one 
pewter  di(h  at  the  time  of  the  fealing  and  delivery  of  thefe 
prefents,  in  the  name  of  the  whole  premifes  herebj  granted. 
Jn  ivitnefst^Ct  N.  B. 


6'ifttt  Grants  and  Exchangct. 


78 


IT.  B.  A  memorandum  of  livery  and  feifin,  in  tbe  form  of 
tliat  to  be  indorftd  on  a  bill  of  fale  of  goods,  muft  be  here 
likcwife  ufed. 


yi  Grant  of  an  Annuity  hy  Indenture. 

THIS  indenture  made,  &c.  between  j1.  B.  of  of  tbe 
one  part,  and  C.  D.  of  of  the  other  part,  nvhnejfeth. 
That  the  faid  A.  B.  for  in  confidcration  of  the  fum  of 
to  him  in  hand  veil  and  truly  paid  by  the  faid  C  D.  at  or 
before  the  fealingand  delivery  of  chefe  prefents,  the  receipt 
whereof  the  faid  A.  B.  doth  hereby  acknowledge,  hath  giv- 
en, granted  and  confirTied,  and  by  thefe  prefents,  doth  give, 
grant  and  confirm  unto  the  faid  C.  D.  and  his  affigns,  one 
annuity  of  to  be  received,  taken,  had,  and  to  be  ijTuing 
I  out  of  all  that  raeCTuage,  &c.  with  all  and  fingular  the  ap. 
'  purtenances  thereunto  belonging,  and  every  part  and  parcel 
thereof,  unto  the  faid  C.  D.  and  his  afiigns,  for  and  during 
the  natural  life  of  him  the  faid  C.  D.  payable  asd  to  be 
paid  at  and  upon  yearly,  by  even  and  equal 

portions  ;  the  iir^  payment  to  begin  and  be  made  at  or 
upon  And  if  it  fhall  happen  that  the  faid  an- 

rulty  of  or  arjy  part  thereof  be  behind  or  unpaid,  in 
part  or  in  all,  fay  the  fpace  of  twenty-one  days  next  after 
either  of  the  faid  days  or  times  of  payment  thereof,  where- 
upon the  fame  fhoiild  or  ought  to  be  paid  as  aforefaid  ;  that 
then,  and  fo  often,  and  at  any  time  thereafter,  it  fhall  and 
may  be  lawfrl  to  and  for  the  faid  C.  D.  and  his  afligns, 
into  and  upon  the  faid  mcfTuage  and  premifes  above  men- 
tioned, or  any  part  thereof,  to  enter  and  diftrain,  and  the 
diftrefs  and  diftrefles  then  and  there  found,  to  take,  lead, 
drive,  carry  away  and  impound,  and  the  lame  impound  to 
take,  hold,  and  keep,  until  the  faid  annuity  and  the  arrears 
thereof  (if  any  flialLbe)  together  with  all  coftf  and  charges 
thereabout,  or  concerning  the  fame,  flinll  be  fuily  paid  and 
fatislied.  And  tbe  faid  A,  B.  for  himfelf,  hi«  heirs,  execu- 
tors and  adminiftrators,  doth  covenant,  grant  and  agree,  to 
and  with  tiie  faid  C.  D.  his  executors,  adminiftrators  and 
afligns,  that  he  the  faid  y/.  £.  his  heirs,  executors  or  ad- 
miniftratcis,  (hall  and  will  well  and  truly  pay  or  caufe  to 
G  be 


74 


Gifts,  Grants  and  EKchanges, 


be  paid  unto  the  faid  C.  D.  hi's  executors,  adminlftrators  ot  i 
afligns,  the  faid  annuity  or  yearly  r^nt,  charge,  &c.  above, 
at  the  days  and  time,  and  in  manner  and  form,  gs  above  ex. 
preffed  and  limited  for  payment  thereof,  according  to  the  i 
true  intent  and  meaning  of  thefe  prefents.    And  alfo,  that  1 
the  faid  mefluage,  &c.  above  mentioned  to  be  charged  or  | 
chargeable  with  the  faid  annuity  hereby  granted.,  (ball  from 
time  to  time  be  and  continue  over,  and  fufTicient  for  the 
payment  of  the  faid  annuity  of        yearly,  dyring  the  lit'^  ( 
of  the  faid  C,  D.    In  miitnefs.  3cc.  -  j 


A  Deed  of  Gift  of  Lands  by  Indenture. 

THIS  indenture,  made,  &c.  between  E.  F.  of  of  j 

the  one  part,  and  G.  H.  fon  of  the  faid  E.  F.  of  the  | 
other  part,  tuitneffeth  that  the  faid  E,  F.  as  well  for  and  in  I 
confid«ration  of  the  natural  love  and  afFedlion  which  he  the  f 
faid  E.  F.  hath  and  beareth  unto  the  faid  G.  H.  as  alfo  for  j 
the  better  maintenance,  fupport  and  livelihood  of  him  the  | 
faid  G.  H.  hath  given,  granted,  aliened,  enfeoffed,  and  con-  :( 
firmed,  and  by  thefe  prefents,  dnt^  give,  grant,  alien,  enfeoff 
and  confirm  unto  the  faid  G.  H.  his  heirs  and  afligns,  all  that 
inefTuage,  or  manfion  houfe,  with  the  flable,  bsrn,  orchard, 
garden  and  feveral  pieces  or  parcels  of  land,  arable,  plough    | , 
and  pafturc  ground  thereunto  adjoining  and  belonging,  com*  ]  I 
monly  called  orknown  by  the  name  of       now  or  late  in  ten-  I 
ure,  poffcffion  or  occupation  of       and  alfo,  all  that  certain 
farm,  piece  or  parcel  of  land,  fituate,  lying  and  being 
and  now  in  the  cccupation  of        :  Together  with  all  and 
Angular  the  hereditaments  and  appurtenances  thereunto  be- 
longing or  in  any  wife  appertaining  to  the  faid  mefruage, 
farm,  lands,  tenements,  hereditaments  and  premifes,  hereby 
mentioned,  or  intended  to  be  granted  and  confirmed  unto 
the  faid  G.  H.  as  aforefaid,  or  any  part  or  parcel  there- 
of, belonging  or  in  any  wife  appertaining,  or  therewith- 
al commonly  held,  ufcd,  occupied  or  enjoyed,  or  accep- 
ted,   reputed,   taken  or  known   as  part  or  parcel  of, 
or  belonging  to  the  fame  ;  and  the  reverfion  and  rever- 

fions, 


G'-fis,  Grants  and  ExchangeSi 


ns,  remainder  and  remainders,  rents,  i/Tiies  and  pro* 
of  all  and  fingular  the  faid  premifes,  witli  their  ap- 
partcnances,  and  all  the  eftate,  right,  title,  intereft,  pro- 
perty, claim    and    demand  whatfoever  of  him  the  faid 
F.  of,  in  and  to  the  faid  meiTuage,  farm,  lands,  tene- 
nK'nts  and  premifes,  and  of,  in  and   to  every  part  and 
parcel-thereof,  with  their  and  every  of  their  appiirtensnces  : 
To  ha-ve  and  to  hold  the  faid  meiTuagc,  lands,  tenements, 
'  ■iditaments,  and  ail  and  fingular  other  the  premifes  hereby 
;!ited  and  confirmed  or  mentioned,  or  intended  fo  to  be, 
h  their  and  every  of  their  appurtenances,  unio  the  faid  G. 
.  his  heirs  and  afTigns,  to  thccniy  proper  ufe  and  behoof  of 
the  faid  G.  H,  his  heirs  and  afligns  for  ever.  And 
the  faid  E.  F.  for  himfeif,  his  heirs,  executors  and  admin- 
jilrators,  doih  covenant,  grant  and  agree,  to  and  with  the 
faid  G.  H.  his  heirs  and  aifigns,  by  iheie  prcfents,  that  he 
■  c  faid  G.  H.  his  hell  sand  affigns,  /hiail  and  lawfully  may, 
T)  time  to  time,  and  at  all  tinits  hereafter,  peaceably  and 
;tly  hdve,  hold,  ufe,    occupy,  poflcfs  and  enjoy  the 
meffuage,  farm,  lands,  tenements,  hereditaments,  and 
rnifes  hereby  gianied  and  confirmed,  or  mentioned  or 
.rnded  to  be  hereby  granted  and  confirmed,  with  their  and 
:  .ery  of  their  appurtenances,  free,  clear,  and  fully  difcharg- 
ed,  or  veil  and  fufficiently  faved,  kept  harmlefs  and  indem- 
'   'cd,  of,  from  and  againft  all  former  and  other  gifts,  grants, 
j;aiRS,  fales,  jointures,  feoffments,  dowers  and  eftatcs> 
and  of,  from  and  againft  all  former  and  other  titles,  troubles, 
charges  and  incumbrances  whatfoever,  had,  done,  or  fuffered, 
or  to  he  had,  made,  done,  or  fufftred  by  him  the  faid  E.  F. 
his  heirs  or  afligns,  or  any  other  perfon  or  perfons,  lawfully 
claiming  or  to  claim,  by,  from,  or  under  him,  them,  or  any 
of  them.     In  luUnefs,  Sec. 

Note  ;  Livery  and  feifin  muft  be  delivered  on  this  grant. 
See  livery  and  ftijtn. 


An  Exchange  of  Lands  for  a  T erm  of  Tears. 

^"^HIS  tvitnture  made  between  £.  F.  of  the  one 

X    part,  and  Q.  H.  of  of  the  other  parr,  lu/tnefah 

that  the  faid  S,  t\  baib  given,  granted,  baigained  and  iold, 

and 


76 


G'lftSy  Granlt  and  Exchanget. 


and  by  tliefe  prefents,  doth  give,  grant,  bargain  and  fell  unto 
ihe  faid  G.  H.  his  executors,  adminiftrators  and  afligas,  all 
that  meffuage  with    the  appurtenances,  fituated 
together  \_See  henfes/or  the  general  words  to  be  u/ed 

on  a  demife  of  hou/es,']  To  have  and  hold  the  faid  meffuage  and 
premifes  above  mentioned,  with  the  appurtenances  unto  the 
faid  G.  }L  his  execurors,  adminiftrators  and  afTigns,  from 
the  day  of  laft  paft,  for  and  during,  and  unto  the  full 
end  and  term  of  ninety-nine  years,  from  thence  next  enfuing, 
and  fully  to  be  complete  and  ended,  if  he  the  faid  E.  F.  and 
G,  H.  rkall  fo  long  live,  in  exchange  for  one  other  meffuage 
fituated  by  the  faid  G.  H.  granted  to  the  faid  E.  F. 
executors,  adminiftrators  and  afligns,  as  herein  after  men- 
tioned. And  this  indenture  further  •w  'lDieffeth,  that  the  faid 
G.  H.  in  confideration  of  the  faid  bargain  and  fale  fo  made 
unto  him  the  faid  G.  H.  by  the  faid  E.  F.  as  aforefaid,  hatb 
given,  granted,  bargained  and  fold,  and  by  thefe  prefents  doth 
give,  grant,  bargan  and  fell  unto  the  faid  E.  F.  his  execu- 
tors,  adminiftrators  and  affigns,  all  that  the  faid  meffuage 
with  the  appurtenances  lall  above  mentioned,  together 
[See  as  before  dtreBed^  To  have  and  to  hold  the  faid  laft 
mentioned  meffuage  or  tenement  and  premifes,  with  the  ap- 
purtenances, unto  the  faid  E.  F.  his  executors,  adminiftrators 
and  affigns,  from  the  faid  day  of  laft  paft  for 

and  during,  and  nnto  the  full  end  and  terra  of  ninety-nine 
years,  from  thence  next  enfuing,  and  fully  to  be  complete 
and  ended,  if  he  the  faid  G.  //.  and  E.  F.  (hall  fo  long  live, 
in  exchange  for  the  faid  meffuage  &c.  fiift  above  mentioned 
lo  be  granted  by  the  faid  E.  F.  to  the  fr  id  G.  //.  iu  ex- 
change, as  aforefaid.  A»J  the  faid  E.  F.  for  himfelf,  his 
hclfs,  executor*  and  adminiftrators,  doth  covenant,  grant  and 
agree  to  and  with  the  faid  G.  H.  his  executors,  adminiftrators 
and  afligns,  that  he  the  faid  G.  //.  his  executors,  adminiftra- 
tors and  alligns,  fhall  atid  may  from  time  to  time,  and  at  all 
times  hereafter,  during  the  faid  term  hereby  granted  by  the 
(iiid  E.  F,  as  aforefaid,  pea.;e;ib!y  and  quietly  have,  hold, 
occupy,  poffefs  and  enjoy  the  faid  meffuage,  &c.  and  other  the 
premifes  firft  above  mentioned,  with  the  appurtenances,  with- 
out the  let,  fujt,  trouble,  hindrance,  moleftation,  interruption, 
eviifton,  or  diilnrbance  of  him  the  faid  E.  F.  his  executors 
or  adminiftrators,  or  of  any  of  them,  or  of  or  from  any  other 
psifon  or  perfons  whcnifoever,  lawfully  claiming  or  to  claim, 


Lsafes, 


77 


bv,  frotnor  ander  htm,  them  or  any  of  them.  And  the  faid 
G.  II.  for  himfeif,  &c.  \Here  u-fert  from  G.  H.  to  E.  F.  tie 
like  cavenant  nu'uh  the  hft,  a:  to  ihs  juict  eKjpment  of  the  iaji 
mentioned meJJuage,SiZ.  jrJd  by  him.\  Provided  always,  re- 
verthelefs,  ard  ttiefe  prefentsare  upon  this  cor.diiion,  ai,d  it  is 
the  ttue  intent  and  meaning  of  the  patties  hereunto,  that  if  it 
fliall  happen,  that  either  of  the  faid  parties  to  thefe  prefents, 
their  executors,  adminifttators  or  alTigns,  ihall  at  any  time 
hereafter,  during  the  faid  refpedtive  terms  above  granted,  by 
colour  or  means  of  ar.y  former  or  othe-r  gitt,  grant,  bargain 
or  fale  or  otherwife  iiowfoever,  be  oufted  or  evifled  of  and 
from  the  pcffeiTion  of  either  of  the  faid  raelTuages  or  tene- 
mer.ts,  a^d  other  the  premifcs,  fo  tefpectiveiy  giar;-ed  in  ex- 
change as  aforefaid,  or  any  part  thereof,  then  and  in  fucfa 
cafe,  t*iefc  prefents,  and  every  matter  and  thing  theteir*  con- 
tained, (hall  be  utterly  void,  and  of  none  efiect,  and  ciien  and 
thereafter  it  (hall  and  may  be  lawful  to  and  for  ife  party  or 
parties  fo  oufted  or  evifted,  into  his  or  fheir  faid  former 
tnefluage  and  premifes,  with  all  and  finguiar  the  ap- 

pQr:enaflces  to  re-enter,  and  the  fame  to  have  again,  re- 
pcfTefs,  and  eDj^y,  ascf  his  and  iheir  former  eftate  or  eilates; 
any  thing  he;ein  contained  to  the  contrary  iheieof  ia  any 
wife  notwiihftanding.    /«  luitnejs,  Sec. 


Of  leases. 


ALeafe  or  demife  is  a  deed  in  writing,  whereby  the 
enjoyment  of  a  real  thing  under  a  certain  rent,  or  on 
other  conditions,  is  contrad^ed  for.  The  pei  fon  granting 
the  leafe  is  called  the  lejfor,  and  the  tenant  or  perfon  to 
whom  it  is  granted,  the  lejjee.    Co.  Lit-  43. 

Leafes  are  either  in  perpetuity  for  life,  or  yeais  ;  fuch 
as  are  in  perpetuity  or  for  life,  arc  called  freeho.'d,  and  re- 
quire livery  and  feijin,  which  you  may  fee  under  its  proper 
head.  Leafes  for  years  are  termed  chattels,  i.  e.  a  pctfonal 
eftate  which  defcends  not  to  the  heir  of  the  deceifed  party  ; 
as  in  cafes  of  eftates  of  inheiitancc,  but  goes  tg  his  cstcutora 
or  adrainillrators. 

G2  A 


28  Leafet. 

^  Leaje  of  Ground  for  Building  a  Houfe  up> 

THIS  indenture  made  the        day  of       5n  the  year  . 
our  Lord        beliveen  /I.  B.  of        of  the  one  par 
aiid  C.  D.  o(  &C.  of  the  other  part,  •whnejjeth,  that  the  faid  ^ 
J3.  for  and  in  confideration  of  the  rent,  covenants  and  agre^ 
ments  herein  after  mentioned  and  refei  vcd,  on  the  part  and 
behaU'of  the  faid  C  i>.  lo  be  paid,  done  and  preformed, /^i///^ 
granted,  demifed,  leafed,  fet  and  to  farm  leiten,  and  by  thcfe 
p:cfents,  cJoth  graat,  demife,  leafe,  fet  and  to  farm  let  unto 
the  laid  C.  D.  his  executors,  adminiftrato>8  and  afBgns,  all 
that  piece  or  parcel  of  ground,  containing  in  length  twenty 
five  feet,  and  in  b-eadth  twenty  feet,  or  thereabouts,  lying 
and  being  in  or  near,  &c.  To  have  and  to  hold  the  faid  piece 
or  parcei  of  ground  above  mentioned,  unto  the  faid  C.  D. 
feis  executors,  adminiftrators  and  affigns,  from     for  and  dur- 
iug  the  full  end  and  term  of         from  thence  next  enfuing, 
and  fully  to  be  complete  and  ended,  y/f/(/»«j?nd  paying  .here- 
•  for,  yearly  and  every  year  during  the  faid  term,  unto  the  faid 
A.  B.  his  heirs  or  pfligns  \jThefe  tvords  heirs  or  afligns  are 
only  to  le  ufed  luhere  the  inheritanee  is  in  the  lejfor  ;  for  where  he 
has  only  a  temporary  ejlate  in  the  thing  leafid,  you  mii/1,  in  the 
place  of  heirs, bfc.  ufe  executors,  adminiftrators  or  alfignsj  the 
the, yearly  rent  or  fum  of      of  lawful  money  of      on  by 
even  and  eiiual  portions  ;  the  firil  payment  theteof  to  begin  and 
be  made  at  or  upon      next  enfuinf^;  the  date  of  thefe  prcfents, 
Prumitted  always,  neverihclefs,  and  it  is  the  true  intent  and 
meaiiio'r  of  thefe  prefen;s,  and  of  the  parties  hereunto,  that  if 
it  fhali  happen  that  the  faid  yearly  rent  of    hereby  referved, 
or  any  pan  thereof,  be  behind  or  unpaid,  by  the  fpace  of 
days  next  over  or  after  either  of  the  faid  days, 
whereon  the  fame  ought  to  be  paid  asaforefaid  (the  fame  be- 
ing (ir(t  lawfully  demanded)  that  thin  and  from  thenceforth 
it  fhall  and  may  be  lawful  to  and  for  the  faid  A.  B.  his  execu- 
tors, adiiiinilhator9  or  afligns,  into  and  upon  the  faid  demi- 
fed prcinifcs,  and  every  or  any  part  or  parcel  thereof,  with  the 
appurtenances,  in  the  name  of  the  whole,  to  enter,  and  the 
fame  to  have  again,  re-polTefs  and  enjoy,  as  in  his  or  their  firil 
and  former  eftatc  and  clhites,  and  iiim,  the  faid  C.  D.  his  ex- 
ecutors, admiiiiftrators  or  alfigns,  and  all  and  every  other  the 
occupiers  oi  polTcilois  of  the  fuid  demifed  piemifcs,  ftona 

theuce 


J 


ill 


Leafet. 


79 


Siencc  utferly  to  expel,  remove,  and  pat  out ;  any  diing  in 
thefe  prcfents  contained  to  the  contrary  thereof  in  any  wife 
Dotvvithflanding.  And  the  faid  C.  D.  for  himfclfi  his  heirs, 
executors  and  adrninilfrators,  doth  covenant,  gtant  and  agree 
to  and  with  the  faid  A.  B.  his  heirs  and  aflligns  [5«<  thm, 
his  executors,  adminiftrators  and  affigns,  tn  cafe  the  leffor  hat 
ettlj  a  temporary  ejiate  in  <wbal  it  leafei'\  that  he  the  faid 
C.  D.  his  executors,  adminiftrators  or  aihgns,  fliall^well  and 
truly  pay  or  caufe  to  be  paid  urto  the  faid  C.  D.  his  heir?  or 
adigns  \_or  executors,  itc.  ai  in  the  above  ob/eTiiatioK'\  the 
aforefaid  yearly  rent  of  at  the  days  and  times  and  in  fucti 
manner  and  form  as  herein  before  is  limited  and  appointed  for 
the  payment  thereof,  according  to  the  true  intent  and  mean- 
ing of  thefe  prefentt  .  Antl  that  he  the  faid  C.  D.  his  execu- 
tors, adminiftrators  or  aftigns,  (hall  and  wiii  on  or  before  the 
day  of  next  enfuing  the  date  hereof,  at  his  or  their 
own  proper  cofts  and  charges  in  all  things,  make,  ereft,  fet  up 
and  fmifh,  or  caufe  or  procure  to  be  made,  erected  fet  up  and 
iiiiifhed,  upon  the  faid  piece  or  parcel  of  ground  herein  before 
mentioned  and  demifed,  one  good  and  fubftancial  houfe  of 
brick,  of  three  ftories  high,  befides  the  garret,',  the  lower 
ftcry  whereof  to  be  ten  feet  high  at  the  leaft,  the  next  ftory 
over  that  to  be  like  wife  ten  feet  high  at  the  leaft,  the  third 
■ftory  to  be  eight  feet  high  at  the  ieaft,  and  the  gariets  to  be 
fix  feet  high  at  the  leaft  ;  and  (hall  and  will  make,  or  caufe 
to  be  made  to  every  room  thereof  (the  g.-jrrets  excepted)  two 
fiandfome  fafti-windows  of  good  carpenter's  or  joiner's  worit, 
each  of  them  fix  feet  high,  and  four  feet  broad  at  the  leaft, 
and  (hail  and  will  well  and  fufSciendy  fadi  and  glaze  the 
fame  with  good  crown  glafs,  and  (hall  and  wiil  ceil  all  the 
floors  over  head  with  lime  and  hair,  without  any  loam,  and 
make  convenient  dormer-windows  to  all  the  garrets,  and  tile 
over  all  the  faid  building  with  tiles,  and  iay  tlie  tiles 

with  lime  and  fand  ;  and  (hail  and  will  make  convenient 
doors,  with  hooks,  hinges,  locks  and  keys  to  all  the  rooms  of 
the  faid  building,  and  floor  with  inch  b  jards  all  the  floors,  and 
nail  them  with  eight  penny  nails  ;  and  make  convenient 
chimnits  with  brick,  limt  and  fand,  and  free  ftone  hearths, 
and  one  convenient  cellar  throughout  all  the  faid  build- 
ing, to  be  paved  with  brick,  and  a  vault  of  brick  for 
a  privy  ;   and  (ball  pave  wiiU  (lone  the  llrccC  on  both 

(ides 


9o  tcojct, 

fides  thefaid  building.  And  that  he  the  faid  C.  D.  hiseX" 
editors,  adininiRrators  ot  affigns,  ftiall  and  will  from  time  to 
time,  and  at  all  times  during  ihe  faid  term  of  years, 
well  and  lufficiently  repair,  uphold,  fupport,  maintain,  fuf- 
tain,  amend,  sfiid  kctp  tlie  faid  building  and  tenement  fo 
eredled  and  finiftied,  in,  by  and  with  all  manner  of  needful 
and  neceffary  reparations  whatfcever  ;  and  the  fam-e  being 
in  and  by  all  things  fo  well  and  fifScicntly  repaired,  upheld 
and  kept  in  good  and  fuffieient  repair,  fliall  and  will,  at  the 
end  or  other  fooner  dcterminatioi;  of  the  faid  term  of 
hereby  granted,  peaceably  and  quietly  leave,  furrender  and 
yield  up  unto  the  faid  A.  B.  his  heirs  or  afligns  [or  execu- 
tors, 8ic.  as  ohfcrved  Lefere'\  together  with  ail  and  every  the 
doors,  w  indows,  window  fl'.utters,  locks,  keys,  bolts,  fta- 
pies,  latches,  hooks,  hinges,  walnfcots,  cifterns,  pipes, 
pumps,  conduits,  dreflers,  tables,  (helves,  hearths,  grates, 
ftoves,  chiraiiies,  chimney-pieces,  lafhes  and  g!a(fes,  of  and 
belonging  to  the  fame.  And  the  faid  C.  D.  doth  hereby 
further  covenant,  grant  and  agree,  that  neither  he  the  faid 
C.  Z).  his  executors  or  adminiftrators,  nor  any  other  perfon 
or  perfons,  on  his  or  their  account,  (hall  or  will,  at  any 
time  during  the  faid  ttrm  hereby  granted,  fell  or  retail  any 
beer,  ale  or  other  liquors  whatfoever,  nor  keep  any  vidlual- 
ling  or  other  fuch  public  houfe  of  entcttainment,  within 
the  faid  building  or  tenement  fo  to  be  erefted  as  aforefaid, 
nor  ufe,  permit  or  lufTcr  the  trade  of  a  tallow  chandler,  or 
otherfuch  like  offcniive  trade  to  be  carried  on  therein,  with- 
out the  licence  of  the  faid  A.  B.  his  heirs  or  afTigns  [or 
executors,  &c.  as  abovf']  firft  had  and  obtained  in  writing. 
Provided  alfo  neverthelcfs,  and  it  is  fiitthercovenanted  and 
agreed  by  and  between  the  faid  parties  to  thefe  prefeno, 
that  if  the  faid  C.  D.  his,  &c.  do  not  before  the  day 
©f  aforefaid,  at  his  and  their  own  cods  and  charges, 

make,  erefl,  fet  up  ;ind  finifh  the  faid  houfe,  building  or 
tenement,  in  all  tilings  as  the  faid  C.  D.  hath  before  cove, 
nanted  and  agreed  to  do,  that  then  and  from  thenceforth 
this  prefent  leafe  or  demife,  and  cvety  thing  therein  con« 
taincd,  ftiall  ceafe,  be  void  and  of  no  effeft  ;  and  the  ef- 
tate  hereby  granted  to  the  faid  C.  D  his  executors,  ad- 
miniftrators and  affigns,  (hall  ccafe  and  determine  to  all  in- 
tents 


Leafis. 


8t 


tents,  conftruftions  and  purpofes  whatfoever  ;  any  thing 
hcein  contained  to  the  contrary  thereof  in  any  wife  not- 
withftanding.  And  the  faid  A.  B.  dotli  for  himfclf,  his 
heirs,  executors  and  adminiftrators,  covenant,  grant  and 
agree  to  and  with  the  faid  C.  D.  his  executors,  admiuiftia- 
tors  and  afEgns,  that  he  the  faid  C.  D.  his  executors,  ad- 
miniftratcrs  and  afligns,  paying  the  rent  and  performing  all 
and  Angular  the  covenants  and  agreements  before,  in  and  by 
thefc  prtfents  comprifed,  referved  and  contained,  on  his  or 
their  part  and  behalf,  to  be  paid,  done,  performed  and  kept| 
(hall  and  may  lawfully  peaceably  and  quietly  have,  hold,  oc- 
CHpy,  poffefs  and  enjey  the  faid  piece  or  parcel  of  ground 
herein  bffore  granted  and  demifed,  together  with  the  faid 
houfe)  building  or  tenement  to  be  thereon  ere(flcd  and  built, 
as  aforefaid,  with  the  appurtenances,  for  and  during  the  faid 
term  of  herein  before  granted,  without  the  lawful  let, 

fuit,  trouble,  molrftation,  eviitinn,  expulfion  or  interruption 
of  or  by  him  the  faid  A,  R.  his  heirs  or  affigns  [«r  executors, 
&c.  as  befcre"]  or  by  any  other  perfon  or  perfons  whomfo- 
ever,  lawfully  claiming  or  to  claim,  by,  from,  or  under  him, 
them,  or  any  of  them,  or  by  or  with  any  of  their  privity,  aflenr, 
confent  or  procurement. —  \_lncaje  the  hjjfsr  holds  ihe  premi- 
fes  on  leafe,  then  add  the folloiumg  clauje  viz.  ]  And  that  well 
and  fufficicntly  faved  harmiefs  and  kept  indemnified  of  and 
frr.tn  the  rent  and  covenants  referved  and  contained  in  the  ori- 
ginal indenture  of  leafe,  under  which  the  faid  A.  B.  holds  the 
faid  demifed  premifes  for  a  longer  term  than  is  hereby  lettcn. 


A  Leafe  of  a  Houfe  ivitb  Goods  therein. 

THIS  indrv'.ure  made  this  day  of  between 

A.  B.  of  of  the  one  part,  and  C.  D.  of  of 

the  ofhf-r  part,  ''x'ttnrffcth^  that  the  faid  A.  B.  for  and  in  con- 
ficieraiion  of  the  lent,  covenants  and  agreements  hereafter  in 
and  by  thefe  prefents  nienrioneu,  referved  and  contained,  on 
the  part  and  behalf  of  the  faid  C.  D.  his  execuiors,  adminif- 
trators  and  aflfrgnf,  to  be  paid,  obferved,  done  and  ))erformed, 
haiL-  granted,  demifed,  leafed,  fet  and  to  farm  letten,  and  by 
thefe  prefents,  doih  grant,  leafe,  fet  and  to  farm  let  unto  the 
fiiid  C,  D.  his  executors,  admiuifttators  and  affigns,  all  that 

brick 


82 


LeafeSi 


brick  houfe,  meffuage  or  tenement,  with  all  and  fingular  lU 
appurtenances,  fituate,  Handing  and  being  in  a  certain  Itreet 
place,  called  or  commonly  known  by  the  name  of  io 
the  city  of  [or,  in  the  county  of  ]  containing 

in  depth  oh  the  north  fiJe  &c.  (Here  defcr'ibe  the  boundu 
according  to  the  meafiire  thereof  J  butting  eaft  upon  flrcet 
aforcfaid,  weft  upon  an  meffuage  or  tenement,  now  or  late  in 
the  tenure  or  occupation  of  north  upon  and  fouth 
upon  together  with  all  and  fingular  the  appurtenances 

wliatfoever  to  the  faid  brick  houle,  meffuage  or  tenement  and 
premifes  belonging  or  in  any  wile  appertaining,  and  there- 
with heretofore  held,  ufed  occupied  and  enjoyed  by 
late  occupier  thereof  ( If  funi'tture  he  let  lailh  the  houfci  then 
proceed  thus  •viz,  together  alfo  with  the  goods,  houfehold 
ftufF  and  furniture,  ia  the  fcliedule  or  inventory  hereto  annex- 
ed, if  it  be  tacked  to  the  back  part  tf  the  leafe  ;  hut  if  to  the 
fore  Jmrt  thereof,  wohich  is  maji  iifualy  thtrt  faj  prefixed^y 
To  hanje  and  to  hald  the  faid  brick  houfe,  meffuage  or  tene- 
ment, and  all  and  fingular  other  the"  premifes  herein  before 
granted  and  dcmifed,  or  mentioned  oi  intended  fo  to  be» 
with  the  appurtenancef,  unto  the  faid  C.  D.  his  executors* 
adminiftrators  and  aliigns,  from  the  day  of  next 

eiifuing  the  day  of  ihe  date  of  thefe  ptcfenis,  for  and  during, 
and  untH  the  full  eiiti  ana  term  of  from  thence  Dcxtenfu- 
ing  and  fully  to  be  complete  and  tr\ieA;  jicldittg  and  paying 
therefor,  yearly  and  evoy  year,  duiing  the  faid  term,  unto 
the  faid  ji.  B-  his  esccuiors,  adminiftrators  or  affigns  \_In 
cafe  the  leffor  hath  an  inheritance  in  the  fremifes,  then  injiead  (f 
executors,  &c.  fwriie  his  heirs  or  afiTignsj  the  yearly  rent  of 

of  lawful  motley  of  on  the         day  of 

in  every  year,  by  even  and  equal  portionsi  The  firft  pay- 
ment thereof  to  begin  and- 10  be  made,  &c.  next  enfuing 
the  date  of  thefe  prefents.  Provided  a\xa\s  iieverthelefs, 
and  it  is  the  true  intent  and  meaning  of  thefe  prtl'cnts,  and 
of  the  faid  parties  hereunto,  that  if  it  (hall  happen  that  the 
faid  yearly  rent  of  heieby  rererved,or  any  part  thereof, 
be  behind  and  unpaid,  by  the  fpace  of  next  over  or 
after  any  of  the  faid  days,  whereon  the  fame  ought  io  be 
paid  as  aforefaid  (the  fame  being  firft  lawfully  demandeii) 
that  then  and  from  thenceforth,  it  fliall  and  may  be  'awful 

to 


s 

heafes,  8j 

to  and  for  the  faid  A.  B.  his,  &c.  into  and  upon  the  faid 
demlfed  premifeS)  and  every  or  any  part  or  parctl  thertof, 
witli  their  appurtenances,  in  the  nanoe  of  the  whole,  to  re- 
enter, and  the  fame  to  have  again,  repoiTtfs  and  enjoy,  as 
in  his  or  their  firft  or  former  eftatc  or  eitates  ;  and  him  the 
faid  C,  D-  his  executors,  adminiflrators  and  afGgns,  and  all 
and  every  other  the  occupier  or  occupiers  of  the  faid  de- 
mifed  premifes,  froai  thence  utterly  to  expel,  remove  and 
put  out ;  any  thing  in  thefe  prefents  contained  to  the  con- 
trary thereof  in  any  wife  notwiiLftanding.  And  the  faid 
C.  D.  &c.  \_Here  Infert  a  covenant  for  payment  of  rentt  at  in 
the preaJi'ig  hafe.'\  And  that  tlie  fijid  C,  D.  his  executors, 
sdminiilrators  and  afllcjns,  (hall  and  will  from  time  to  lime, 
and  at  all  times  hereafter,  during  the  faid  term  of 
herein  before  granted,  at  his  and  iheir  own  proper  cods  and 
pharges,  well  and  fufF.ciently  keep  in  repair,  the  faid  demifed 
premifes,  with  their  and  every  of  their  appurtenances,  and 
alCb  the  glafs  win  jows,  pavements,  privies,  finks,  and  gutters, 
belonging  to  the  fame,  in,  by  and  with  all  manner  of  need- 
ful and  neceffaiy  reparations  and  amendments  whatfoever, 
iyhen  and  as  often  as  the  fame  fhall  require  (damages  by  fire 
only  excepted)  and  the  fame  premifes  with  all  and  Angular 
their  appurten'anes,  being  in  and  by  all  things  fo  well  and 
fui&ciently  repaired  and  kept,  (except  as  befofe  except, 
cd)  at  the  end,  expiration  or  other  fooner  deterrainatioa 
of  the  faid  term  of  hereby  granted,  (hall  and  will 

cjuietly  and  peaceably  lea^e,  furrer.der  and  yield  up  unto  the 
faid  A.  B.  his  &c.  together  with  the  faid  goods,  houfchold 
Suff  and  furniture,  the  ufe  whereof  is  herein  before  granted, 
as  aforefaid  \ If  any  fuch  there  be]  particulaily  comprized, 
exprcfled  and  mentioned  in  the  faid  fchedule  or  inventory- 
hereunto  piefixcd  [but  annexed,  if  the  fchedule  be  to  be  fix- 
ed  to  the  back  part  of  the  leafe'\  in  good  and  fufficient  repair 
and  condition  (reafonabie  ufe  and  wearing  thereof,  and 
damage  by  fire  as  aforefaid,  only  excepted  j)  that  he  the  faid 
CD.  his  executors,  adminidraCors  and  afligns,  fhal!  and  will 
from  time  to  time,  and  at  all  times  hereafter,  daring  the  faid 
term  hereby  granted,  pay  and  difcharge  all  taxes,  charges  and 
impofiiioni  ,>.  hich  (hall  be  taxed,  charged,  impofed  or  a(re(fe4 
npon  the  faid  melfjage  or  tenctpent  or  premifes,  or  any  part 

thereof 


fj^  Ltofes. 

llereof.    And  the  faid  A.  B.  for  himfelf,  Sec.  [Here  inferl 
fcveneiit  for  a  juiei  enjajmetii,  as  penned  in  the  former  lea/e.} 
Jo  witnefs,  &c. 


The  Form  of  a  Schedule  to  he  prefixed  to  the  laji 
Leafe, 

THE  fchtdule  or  inventory  to  which  the  indenture  of 
demife  hereto  annexed  refers  : 
F'trji.,  In  the  parlor,  one  table,  &c. 
In  the  dining  room,  up  one  flight  of  flairs,  &c. 
In  the  beft  chj^mber,  up  two  flights  of  ftairs,  &c. 
In,  &c.     \Tbus  go  on  fart  'tcularJj  through  all  the  refi  of 
the  frtmifei,^ 


A  Leafe  of  Lands  from  two  to  one. 

THIS  \ndeniurti  made  between  A.  B.  of 

and  C.  D.  of  of  the  one  part,  and  E.  F.  of  the 

other  part,  rwitni-Jfeth,  and  the  faid  B.  and  C.  D.  for  and 
in  confideration  of  the  rent,  covenants  and  agreements  herein 
after  mentioned,  referved  and  contained  on  the  part  and  be- 
half of  the  faid  C.  D.  his  executors,  adminiftrators  and  aflign!!, 
to  be  paid,  done  and  performed,  have,  and  each  of  them  hath 
granted,  demifed,  leafed,  fet  and  to  farm  letten,  and  by  thefe 
prefents  do,  and  each  of  them  doth  grant,  demife,  leafe,  fet 
and  to  farn)  let  unto  the  faid  E.  F,  his  executors,  adminif* 
trators  and  afligns,  all  that  piece  or  parcel  of  land 
lituate,  lyiiig  and  lieing  in  (Here  particularly  dtjcr  'iht 

(he  premijet)  with  all  and  (ingular  the  appurtenances  there> 
unto  belonging  (except  and  always  excepted  out  of  this  pre- 
feni  demife,  or  leafe,  all  timber  trees  flanding  or  growing  iti 
or  upon  the  faid  demifed  premifes,  or  any  pait  thereof,  and 
alfo  the  ways  through  the  fame  to  the  other  landsj  at  prefent, 
belonging  or  appertaining  to  the  faid  A.  B,  and  C.  D.  or  ei- 
ther of  them  :)  To  haaie  and  to  hold  all  and  fingular  the  faid 
demifed  premifes,  with  their  and  every  of  their  appurtenan- 
ces (except  as  is  before  excepted)  unto  the  faid  E,  F.  his  ex- 
ecutors, adminiftrators  and  afligns,  from  the  day  of 
iof  and  during,  and  unto  the  full  end  and  term  of  one  ar.d 

twenty 


Leafes.  $5 

twenty  years  from  tticrtce  next  enfuing,  and  fully  to  be  com- 
plete and  ended  ;  yieUitig,  Sec.  ( Here  infert  the  rent  referved, 
and  the  days  of  payment,  according  to  the  method  prtfcribed  in 
the  two  former  leafes.)  Pro-vidcd  always,  neverthelefs,  Stc. 
(Here  infert  as  in  the  other  ttafes,  thi  provifo  for  re-entry  on 
non-payment  of  rent,  and  lihewife  the  covenant  for  payment, ) 
And  alfo  that  the  faid  E.  F.  his  executors,  &c.  (hall  and 
will  from  tinie  to  tiirie,  and  at  all  times  during  the  faid  term 
hereby  granted,  at  his  and  their  own  proper  cofts  and  char- 
ges, ttie  faid  demiftd  premifes  well  and  fufficiently  repair, 
maintain  and  keep  ;  and  at  the  end,  or  other  focner  determi- 
nation of  this  prefent  demife  or  leaft  unto  the  faid  A.B.  and 
C.  D.  or  tlic  one  of  them,  their  or  the  one  of  their  heirs  or 
afllgns  ( If  the  lejfors  have  only  a  temporary  flate  in  the  premi- 
ses, then  fay,  executors,  &c.  as  direSed  in  the  Jirft  leafe)  the 
faid  dcmiltd  premifes  and  every  part  and  parcel  thereof  fhall 
and  will  lp;ive,  futrender  god  yield  up  ;  And  that  he  th;-  faid 
E.  F.  iiis  executors,  adminiftrators  and  afligns,  (hall  and 
will  permit  and  fuffer  the  faid  A.  B.  and  C.  D.  or  the  one 
lOf  them,  or  the  one  of  their  agents,  heirs  or  afligns  (Or 
/executors,  &c.  as  abr.-oe  obfer<ved )  from  time  to  time,  and  at 
all  times  during  the  faid  term  hei xby  granted,  to  enter  upoa 
and  view  the  ftate  and  condition  of  the  faid  demifed  premi- 
fes, And  the  faid  /f.  B.  and  C.  D.  for  themfelves,  and  ei- 
ther of  them,  their,  and  either  of  their  heirs,  executors  and 
adminiftrators,  &c.  \_Here  infert  the  covenant  for  quiet  enjoy' 
tnent  as  tn  the  preceding  leafes.'\ 


A  Leafe  in  comm'jn  Ufd  for  Houfts  and  Lots  in 
"towns  arid  Cities. 

THIS  Indenture,  made  the  day  of  in  the  year  of 
our  Lord  one  rhoufand  eight  hundred,  between  .4.  B. 
of  the  firft  nart,  and  C.  D.  of  the  fecond  pait,  witr.effeth. 
That  the  faid  patty  of  tl-.e  firft  part,  for  and  in  confideration 
of  the  yearly  rent,  covenants  and  conditions,  herein  after  con- 
tained, on  the  part  of  -the  faid  party  of  the  feco.  d  part,  his 
executors,  adminiftrators  and  afngns  lo  bt-  paid,  kept  and  per- 
formed, harh  granted,  bargained,  leafed  and  to  farm  let,  and 
by  thefe  ptefcnt*,  doth  gram,  bargain,  leafe  aud  to  farm  lec 
H  unto 


86 


Leafes. 


unto  the  faid  party  of  the  fecond  part,  and  to  his  execxitorj, 
adminiftrators  and  afligns,  all  that  certain  dwelling  houfe  an4 
lot  of  ground,  firunte,  lying  and  being  in  the  village  of  Troy, 
in  the  county  of  Renirdaer,  and  ftaie  of  New- York,  bounded 
as  follows  :  on  the  eaft  by  Ferry-ftreet,  on  the  fouth  by  the 
dwelling  houfe  and  lot  of  ground  of  E.  F.  on  the  weft  by 
Mili-ftreet,  and  on  the  north  by  the  hoofe  and  lot  of  ground 
of  G.  H.    To  have  and  to  hold  the  faid  premifes,  with  all  and 
fingular  the  privileges  and  appurtenances  thereunto  belonging, 
unto  the  faid  party  of  the  fecond  part,  his  executors,  admin- 
iftrators and  afligns,  for  and  during  and  until  the  full  end  and 
term  of  ten  years,  from  the  day  of  the  date  of  thefe  prefents, 
fully  to  be  complete  and  ended  ;  yielding  and  paying  there- 
for, quarter  yearly,  during  the  continuance  of  this  leafe,  nntg 
the  faid  party  of  the  firft  part,  his  heirs  and  afligns,  th?  rent 
of  fifteen  dollars,  on  the  twenty-firft  day  of  July,  a  like  fum 
of  fifteen  dollars  on  the  twenty-fiift  day  of  Oftober,  a  like 
fum  of  fifteen  dollars  on  the  twenty-firft  day  of  January,  and 
a  like  fum  of  fifteen  dollars  on  the  twenty-firft  day  of  April, 
and  a  like  fum  fum  of  fifteen  dollars  on  each  and  every  of 
the  faid  days  in  each  and  every  year  during  the  continuance 
of  this  leafe.    And  the  faid  party  of  the  fecond  part,  for  him- 
felf,  his  executors,  adminiftrators  and  afligns,  doth  covenant, 
grant  and  agree,  to  and  with  the  faid  party  of  the  firft  part, 
his  heirs  and  afligns,  that  he  the  faid  party  of  the  fecond  part, 
his  executors,  adminiftrators  and  afTigns,  will  from  time  to 
time,  well  and  truly  pay,  or  caufe  to  be  paid,  unto  the  faid 
parry  of  the  firft  part,  his  heirs  or  affigns,  the  rent  above  tct 
ierved,  at  the  days  and  times  and  in  inanner  aforefaid  \^Here 
infert  a  claufe  of  payment  of  taxes  and  ajfeffments  if  the  ten- 
ant is  to  pay  the  fame  ;  and  alfo,  fiich  other  /fecial  matters 
as  the  parties  may  agree  on,  to  nuit,  keeping  the  premifes  in  good 
repair,  eredmg  dujelling  hou/es,  outhoufes,  tifc]     And  the 
faid  patty  of  the  firft  part,  for  himfelf,  his  heirj  and 
affigns,   doth  hereby  covenant  and  agree,  to  and  with 
the  faid  party  of  the  fecond  part,  his  executors,  adminif- 
trators and  afTigns,  that  they  and  each  of  them,  paying 
the  rent  aforefaid,  and  performing,  fulfilling  and  keeping, 
all  and  fingular  the  covenants,  conditions  and  agreements 
herein  co.ntained,  on  his  and  their  and  each  of  tlicir  parts, 
to  be  performed,  fulfilled  and  kept,  fliall  and  may  lawfully, 
peaceably  and  quietly  have,  bold,  poffcfs,  occupy  and  enjoy 

the 


Lsafes. 


87 


the  piettiifes  hereby  conveyed,  and  every  part  thereof,  with 
the  appu'.tenances  unto  the  faid  party  of  the  fecond  pait,hi3 
executors,  adminiftrators  and  afGgns,  without  any  fuit,  ttou- 
ble,  evi£\ion,  hindrance,  interruption  or  difturbance,  of,  by 
or  from  the  faid  party  of  the  firft  part,  or  of,  by  or  from 
any  perfon  or  perfons  whomfocvcr,  for  and  during  the  faid 
term  of  ten  years,  fully  to  be  complete  and  ended  ;  and  that 
he  the  faid  party  of  the  firft  part,  and  his  heirs,  (liall  and 
will  vi?avrant  and  defend  the  faid  prtmifes  to  the  faid  party 
of  the  fecond  part,  his  executors,  adminiftrators  and  afGgns, 
againft  every  perfon  or  perfons  lawfully  claiming  the  fame. 
\_  Here  tnfert  a  claufc  of  re-erlry,  if  Juch  jhali  bt  the  agreement 
af  the  far  net. 2    In  -witnefs,  Is'c. 

  I 

/i  Lenfe  for  a  Term  of  Tears. 


HIS  Indenture,  made  the  day  of  in  the 

year  of  our  Lord  one  thoufand  eight  hundred 


hettveen  /I.  B.  of,  &e.  of  the  firft  part,  and  C.  D.  of,  &c. 
of  the  fecond  part,  luUneJfeth,  That  the  faid  party  of  the 
firft  part,  for  and  in  confideration  of  the  yearly  rent., 
covenants  and  agreements,  herein  after  mentioned  and  coo- 
teined,  on  the  part  of  the  faid  party  of  the  fecond  part, 
his  executors,  adminiftrators  and  afligns,  to  be  paid  obferv. 
td  and  performed,  halb  demifed,  kafed  and  to  firm  lelten  ; 
«nd  by  thefe  prefents,  drjih  demife,  leafe  and  to  farm  let, 
unto  the  faid  paity  of  the  fecond  part,  his  executors,  ad- 
miniftrators and  afigns,  all  that  certain  farm,  piece  or 
parcel  of  land,  fituate,  lying  and  being  &c.  Together  with  all 
and  fingular  the  benetits,  liberties  and  privilegts  to  the  faid 
premifes  belonging:  To  have  and  to  hold  the  faid  demifed 
premifes  with  the  appurtenances,  unto  the  faid  party  of 
the  fecond  part,  his  executors,  adminiftrators  and  afligns, 
for  and  during  and  until  the  full  end  and  term  of  twenty- 
one  years  ntxt  enfuing  the  day  of  the  date  of  thefe  prtfcnts, 
fully  to  be  complete  and  endtd  :  Tielding  and  faying  there- 
for, yearly  and  every  year,  during  the  continuance  of  this 
leafe,  unto  the  faid  party  of  the  firft  part,  his  heirs  or- 
afligns,  the  yearly  rent  of        on  ihe  day  of  ^ 

in 


83 


Leafes , 


in  each  and  every  year,  clear  rent,  over  and  above  all  taxes, 
charges,  antfTments,  impnfitioiis  and  payments  whatfoever, 
which  may  hereafter  be  taxed,  charged  afTeffcd,  or  impofed 
on  the  premifes  accordifig  to  law  ;  and  the  faid  party  of  the 
the  fecond  part,  for  himfelf,  his  executors,  adrr.iniftratord 
and  alligns,  dotl)  covenant  well  and  truly  to  pay  or  caufe 
to  be  paid  unto  the  faid  party  of  the  firft  part,  his  heirs 
or  afiijrns,  at  the  days  and  times  and  place  above  mentioned, 
yearly  and  every  year,  during  the  continuance  of  this  leafe, 
the  rent  above  rfferved,  and  alfo  to  pay  and  difcharge  all 
taxes,  charges,  afleffnients  and  impofitions,  levied  or  afltfled 
on  the  premifes  as  aforefaid;  and  it  is  further  covenanted  and 
agreed,  that  if  it  fliall  at  any  time  hap;ien,  'hat  the  rent 
above  referved,  or  any  part  ihereofj  Oiail  be  beliind  and  un- 
paid for  the  fpace  of  30  days  next  after  any  of  the  days  of 
payment,  that  then  and  fo  often  as  it  fijall  fo  happen,  it  (hall 
and  may  be  lawful  for  the  faid  party  of  the  firft  part,  his 
heits  or  affigns,  into  the  hereby  demifed  premifes,  or  any  part 
thereof,  to  enter  and  diftrain,  and  the  diftrefs  there  found 
to  take  and  difpofe  of  according  fo  law,  to  fatisfy  fuch  rent 
due  and  in  anear  ;  and  it  is  further  covenanted  and  agreed 
between  the  faid  parties,  that  for  want  of  fufficient  didiefs 
whereon  to  levy,  or  if  any  or  either  of  the  coven.ints  afore- 
faid on  the  part  of  the  faid  party  of  the  fecond  part,  his 
executors,  adminiilrators  or  afligns,  fhall  not  be  kept,  or 
ftial!  be  broken,  that  then  and  in  fuc'i  cafe  it  fhall  and  may 
be  lawful  for  the  faid  party  of  the  firft  part,  his  heirs  or 
afligns,  to  re-enter  the  faid  premifes,  and  the  fame  to  have 
asfain,  repofTefs  and  enjoy,  as  his  or  their  firft  and  former 
eftate,  fully,  freely  and  abfolutely,  without  any  impediment 
moleftation  or  interruption  whatfoever  ;  and  it  is  further 
covenanted,  that  the  faid  party  of  the  fecond  part,  his  ex- 
ecutors, adminiftrators  and  afligns,  paying  the  rent  afore- 
faid, and  performing,  keeping  and  obferving  the  covenants 
and  agreements  herein  before  cwntained,  fhall  and  may 
quiety  and  peaceably  have,  hold,  occupy  and  enjoy  the 
faid  hereby  demifed  premifes  during  the  faid  term  of  21 
years,  without  any  hindrance,  diftnrbance  or  moleftation 
whatfoever,  of  him  the  faid  party  of  the  fit  It  part,  his  heirs 
or  afligns,  or  of  any  other  perfon  or  perfons,  having  or  l»w- 
ful  claiming  any  rijjht  In  the  premifes.  //; 


Leafu. 


89 


In  toitnffs  wherof,  the  parties  hereunto  iiare  interchange- 
ably let  their  hands  and  feals,  the  day  and  year  fivft  above 
written. 

Sealed  and  di  liver ed. 
In  lilt prejence  of 


A  Leafe  for  Three  Lives. 

THIS  Indenture  resde  the  day  of  intheyearoC 
our  Lord  one  thoufand  eight  hundred,  between  A.B. 
of  the  firlt  part  and  C.  X).  of  die  fecond  part  cui/.-i^t'/A  that 
the  faid  party  of  the  fini  part  for  and  in  confideration  of  the 
yesrly  rents  and  covtnents  herein  after  mentioned  and  con- 
tained on  the  part  and  behtlf  of  the  faid  party  of  the  fccond 
part  his  executors  adminiftrators  and  afligns  to  be  paid  kept 
done  and  performed  hath  demifcd  granted  and  to  farm  let  and 
by  thefe  prclcntsdoth  demife  grant  and  to  farm^Iet  unto  the 
faid  party  of  the  fecond  part  his  executors  adminiftrators  and 
afiigns  all  that  certain  lot  of  land  fituate  lying  and  being  in 
the  county  of  ReniTclaer  within  the  limits  and  bounds  of  a 
certain  traft  of  land  &c.  To  have  and  to  hold  the  faid  piece 
or  parcel  of  land  with  the  appurtenances  excepting  and  re- 
ferving  out  of  the  prernifcs  hereby  granted  all  dreams  fit  foe 
mills  and  a  fufficient  quantity  of  land  for  building  mills  and 
dams  abating  at  the  rate  of  one  bufhcl  of  the  faid  rent  for 
every  four  acres  ufed  for  either  of  the  faid  pui  pofes  unto  the 
faid  party  of  the  fecond  part  his  executors  adminiftrators 
and  sffigns  from  the  day  of  the  date  hereof  for  and  during- 
the  natural  lives  of  the  faid  party  of  the  fecond  part  and  of 
E.  F.  and  G.  H.  of  the  town  of  Troy  carpenters  and  for  and 
during  the  natural  life  of  the  longeft  liver  of  them  fo  always 
asthat  the  faid  term  fhall  endure  at  the  leaft  thirty  one  years 
Yielding  and  paying  unto  the  faid  pntty  of  the  firft  part  his 
heirs  and  afligns  yearly  and  every  year  during  the  term  afore- 
faid  at  fuch  place  iatlie  county  of  Renffelaer  as  the  faid  party 
of  the  firft  part  his  heirs  or  afligns  ftiall  for  that  purpofe  fro.n 
time  to  time  appoint  the  rent  of  fixty  bufhels  of  good  mei"- 
chantable  winter  wheat  on  the  day  cf  in  every  year 
The  firft  payment  to  be  made  on  the  day  of  in  the 
year  of  out  Lord  one  thoufand  eight  hundred  and  four  And 
Ha  the 


9© 


Lenfes, 


the  faid  paity  of  the  fecond  part  for  himfelf  his  executors 
adminiftratois  and  adigns  doth  by  thefe  prefents  covenant 
grant  and  agree  to  and  with  the  faid  party  of  the  firll  part 
his  heirs  and  affigns  in  njanner  following  to  wit  that  he  the 
faid  pr,rty  of  the  fecond  part  his  txecutors  adminiftrators  or 
afligBS  fhall  and  will  fettle  on  the  premifes  within  one  year 
from  the  day  of  the  date  of  thefe  prefents  and  (hall  and  will 
within  the  fpaee  of  four  years  to  be  computed  from  the  d-ay 
of  the  date  of  thefe  prefents  plant  loo  apple  tr^es  on  the  faid 
premifes  hereby  defcribed  on  fome  convenient  part  thereof 
in  ftraight  lines  eroding  each  other  at  right  angles  at  th; 
diiiancc  of  thirty  feet  from  each  other  and  as  often  as  any 
of  the  faid  trees  fhall  die  or  dec^y  or  be  deflroyed  during 
the  term  aforefaid  fhall  and  will  plant  other  trees  in  the  place 
or  ftead  of  thefe  which  fliall  die  decay  or  be  deftroyed  and 
the  fame  trees  fliall  maintain  and  keep  in  good  and  fufHcient 
order,  aiid  that  if  default  fhall  at  any  time  during  the  faid 
term  be  made  in  planting  the  faid  apple  trees  or  any  of  them 
or  in  replacing  fuuh  as  fliall  deciiy  or  be  deftroyed  in  manner 
and  form  herein  before  provided  that  then  and  in  fuch  cafe 
the  faid  party  of  the  fecond  part  his  executors  admiiiillrators 
or  aSigns  fliall  and  will  pay  to  the  faid  party  of  the  lirft  part 
his  he:rs  or  affigns  within  one  year  after  fuchdefiult  fhall  be 
made  the  fum  of  two  dollars  for  every  apple  tree  fo  deficient 
and  alfo  that  the  faid  party  of  the  f^rcond  part  his  executors 
admiiiiftrators  and  afligns  fhall  and  will  from  time  to  time 
during  the  term  aforefaid  retain  keep  and  fet  apart  twenty 
acres  of  the  faid  land  for  wood  and  fliall  not  or  will  not  cut 
or  dcftroy  or  permit  any  perfon  or  perfons  wiiatfocver  to 
cut  or  deflroy  any  part  of  the  timber  and  wooi  growing 
thereon  excepting  only  for  making  or  repairing  the  build- 
ings to  be  ercded  on  the  faid  piece  or  parcel  of  land  and  for 
neceffavy  fencing  and  fuel  for  a  dwelling  houfe  on  the  fame 
and  that  the  faid  party  of  the  fecond  part  his  executors  ad- 
miniltrators  and  affigns  fhall  and  will  pay  all  taxes  ordinary 
or  extraordinary  taxed  affefled  or  impofed  on  the  faid  land 
and  fhali  and  will  at  the  expiration  of  the  faid  term  peace- 
ably and  quietly  give  and  yield  up  the  poffcffion  of  the  faid 
piece  or  parcel  of  land  with  the  faid  buildings  and  fences 
Wrhich  now  are  or  hereafter  may  be  eroded  thereon  in  good 

repair 


Leafes, 


9» 


repair  to  the  faid  party  of  ihe  firft  part  or  his  heirs  or  affigns 
Prov  ded  always  and  thefe  pvefcnts  are  upon  condition  ner- 
erthelcfs  that  if  the  faid  yearly  rent  of  fixty  buihels  of  good 
merchantable  winter  wheat  or  any  part  theiTot  fhall  be  be- 
hind and  unpaid  by  the  fpace  of  lix  months  after  any  of  the 
days  hereby  limited  for  payment  thereof  or  if  t'lt  faid  party 
of  the  fecond  part  his  executors  adminlilrators  or  afQgns  (hall 
negleft  or  refufe  to  perform  any  of  the  covenants  contained 
in  thefe  prefents  that  tlien  and  from  thenceforth  it  fnall  and 
may  be  lawful  to  and  for  the  faid  parties  of  the  Sril  part 
their  heirs  or  alligns  into  the  faid  piece  or  parcel  of  land 
hrreby  demifed  to  re-euter  and  the  fame  and  every  part 
thereof  to  have  again  re-poffcfs  and  enjoy  as  in  their  firft  and 
former  eftate  any  thing  herein  contained  to  the  contrary 
thereof  notwithftanding  And  provided  further  that  if  the 
faid  party  of  the  fecond  pait  and  E.  F.  and  G.  H.  or  any  of 
them  (hail  not  relide  on  the  lands  hereby  demifed  and  none 
of  them  can  at  the  expiration  of  the  faid  thirty  one  years 
ifter  reafonable  ftarch  and  enquiry  be  found  that  then  and 
in  every  fuch  cafe  and  after  the  expiration  of  one  year  from 
the  date  of  a  notice  to  be  given  in  writing  by  the  faid  party 
of  the  firtl  part  his  heirs  or  a(ngns  to  the  tenant  of  the  (aid 
lands  hereby  demifed  that  fujh  fcarch  and  enquiry  has  been 
made  without  effefl  it  Hiall  and  may  be  lawful  to  and  for 
the  faid  party  of  the  firft  part  his  heirs  or  afiigns  into 
the  faid  piece  or  parcel  of  land  or  into  pait  thereof  in  the 
name  of  the  whole  to  re-enter  and  the  fame  to  have  again  as 
his  firft  and  fortner  eftate  unlefs  one  of  the  faid  peifons 
(hall  be  produced  before  one  of  the  judges  of  the  court  of 
common  pleas  of  any  county  in  the  ttate  of  Nesv-York  or 
proof  made  by  the  affidavit  of  two  or  more  credible  witnefles 
before  any  one  of  the  faid  judges  that  one  of  the  faid  per- 
fons  is  in  full  life  and  unlefs  tf»:  faid  party  of  the  firft  part 
his  heiisor  afiigns  (hall  receive  a  certificate  of  fuch  produc- 
tion or  proof  and  a  note  of  the  place  of  refidence  of  fuch  per- 
fon  before  the  expiration  of  the  faid  year  figned  by  the  faid 
judge  And  the  faid  party  of  the  fir(l  part  for  himfeif  his 
heirs  and  aftlgns  doth  hereby  covenant  promife  and  agree 
to  and  with  the  faid  patty  of  the  fecond  part  hii  executors 
sdmiuiHiators  and  aillgns  that  he  the  faid  party  of  the  fe< 

CO  ad 


92 


Lcafes, 


cond  part,  his  executors  adminiftrators  and  afligns  pay- 
ing the  rents  and  performing  the  covenants  herein  before 
mentioned  he  and  they  (hall  and  may  peaceably  have  hold 
and  enjoy  the  faid  preniifes  for  and  during  ihc  term  aforefaid 
■without  any  interruption  or  moWftalion  of  the  faid  party  of 
the  firfl  p  rt  his  heirs  or  any  other  perfon  or  perfons  whom- 
foever  claiming  or  to  claim  by  from  or  under  them  or  any  of 
them  ~  In  luUnefs  whereof  the  parties  to  thefe  prefints  have 
hereunto  interchangeably  fet  their  hands  and  feaU,  tUc  day 
and  year  firft  above  wrritten    Sealed  l^c. 


A  Leafe  in  Perpetuity. 

THIS  Indenture,  made  the  day  of  in  the  year 
of  our  Lord  one  thoufand  eight  hundred,  between 
^.  B.  of  the  firft  part,  and  C.  D.  of  the  fecond  part, 
witncfleth,  That  the  faid  party  of  tlie  firll  part,  for  and  in 
Confidtration  of  the  yearly  rents,  covenants  and  conditions 
herein  after  contained,  on  the  part  of  the  faid  party  of  the 
fecond  part,  his  heirs,  executors,  adminillrators  and  alfigns, 
to  be  paid,  kept  and  performed,  hath  demifed,  leafed  and 
to  farm  let,  and  by  thefe  prefetits,  doth  demife,  leafe  and  to 
farm  let,  unto  the  faid  party  of  tlie  fecond  part,  and  to  his 
heirs,  executors,  adminillrators  and  affigns,  all  that  certain 
farm,  piece  or  parcel  of  land,  fituatt,  lying  and  being  in  the 
town  of  Burn,  in  the  faid  county  of  Albany,  on  the  weft  fide 
of  the  l  iver  Hudfon  ;  whicli  faid  premifes  hereby  granted, 
contain,  &c.  be  the  fame  more  or  lefs,  butted  and  bounded 
as  toliow,  &c.  To  have  anil  to  held  the  faid  farm,  piece  or  par- 
cel of  land,  with  the  appurtenances,  unto  the  faid  patty  of 
the  fecond  part,  his  heirs,  executors,  adrainillratois  and 
afligns,  forever  ;  Tieldin^  and  paying  therefor  unto  the  faid 
parly  of  the  firft  part,  his  heirs  or  afligns,  for  and  during 
the  term  of  fcven  years,  to  be  computed  from  the  date  of 
thefe  prefents,  the  annual  rent  of  one  pejiper  corn  ;  and  yearly 
and  every  year  tht  reafter  forever,  unto  the  faid  party  of  the 
firft  part,  hio  heirs  or  afligns,  the  yearly  rent  of  fifty  bufh- 
els  of  good  and  merchantable  winter  wheat,  at  the  maniion 
houfe  of  the  faid  party  of  the  firft 'part,  fituate  in  the  city 
of  Albany,  in  and  upon  the       day  of       in  each  year  : 

And 


Leafet. 


9S 


And  the  Paid  party  of  the  fecond  part,  for  himfelf,  his  heirs, 
executors,  adminiUrator3  and  afiigns,  doth  covenant,  grant 
and  agree  to  and  with  the  laid  party  of  the  firil  part,  hit 
heirs  and  afligns,  that  he  the  faid  party  of  the  iecond  part, 
his  heirs,  executors,  admiiiiftrators  and  afiigns,  will  from 
time  to  time,  well  and  truly  pay  or  caufe  to  be  paid  unto 
the  faid  party  of  the  firft  part,  his  heirs  >7r  afiigns  the  year- 
ly rents  above  referved,  at  the  days  aiid  timts  and  in  manner 
aforefaid  :  And  will  alfo,  well  ana  truly  difcharge  and  pay 
all  taxes,  charges  and  afleffments,  or(:int:ry  and  extraordina- 
ry, taxed,  charged  or  afleficd,  and  which  may  be  hereafter, 
at  any  time  taxed,  charged  or  afitffcd,  to  or  upon  the  faid 
hereby  granted  premifes,  or  upon  any  part  or  parcel  thereof, 
or  upon  the  faid  party  of  the  firft  part,  bis  heits,  executors, 
adfflinillrators  or  afiigns,  for  or  in  refpect  of  the  faid  prem- 
ifes, or  any  part  thereof,  by  any  adl  of  the  congrefs  r,f  the 
United  States  or  of  the  legiflature  of  this  ftate,  or  by  coun- 
ty rates,  or  otherwife  howfoever,  and  indemnify  the  faid 
party  of  the  firft  part,  his  heirs,  executors,  aJminiftratora 
and  afOgns,  of,  from  and  againfk  any  damages,  cofts  and 
charges  which  he  or  they  or  any  of  them  may  fnftain  or  be 
put  to,  by  reafon  of  any  neglt<ft  in  the  due  and  pan£tual 
difcharge  and  payment  of  the  faid  taxes,  charges  and  afleff- 
ments,  or  any  part  of  them  :  [If  there  he  any  refervat'wnt 
of  Jl  earns  of  ivaler,  mines  or  minerals  and  lands  for  the  ufe 
thereof,  here  infert  fuch  claufe,  and  that  hvjhe'.s  of  the  faid 
rent  is  to  be  abated f.r  every  acre  of  land  to  taken,  i^c.~\ 
And  the  faid  party  of  the  firft  part,  for  himfelf,  his  heirs 
and  afligns,  doih  liereby  covenant  and  agree,  to  and  with 
the  faid  partv  of  the  fecond  part,  his  heirs,  executors,  ad- 
miniftrators  and  afiigns,  that  he  and  they  and  each  of  them, 
paying  the  rent  aforef3id,  and  performing,  fulfilling  and 
keeping  all  and  fingular  the  covenants,  conditions  and 
agreements  herein  contained,  on  his  and  their  and  each  of 
their  parts,  to  be  performed,  fulfilled  and  kept,  (hall  and 
may  lawfully,  peaceably  and  quietly  have,  hold,  pofilrfs, 
occupy  and  enjoy  the  premifes  hereby  conveyed,  and  every 
part  thereof,  with  the  appuitenanccs,  unto  the  faid  party 
of  the  fecond  part,  his  heirs,  executors,  adminiftrators  and 
afiigns,  without  any  fuit,  trouble,  evidion,  hindrance,  in- 
terruption 


94 


Leafet. 


terruptlon  or  difturbancr,  of,  by  or  from  the  fald  party  of 
the  firft  part,  or  of,  by  oi  from  any  perfon  or  perfons 
whomfoevcr,  lawfully  claiming  or  to  claim  by,  from  or 
under  him  the  faid  party  of  the  firft  part  ;  and  that  he  the 
feid  party  of  the  firft  part,  and  his  heirs  fliall  and  will  here- 
by nvarrant  and  for  ever  dtfend  the  faid  prtmifes  to  the 
faid  party  of  the  fccoi  d  part,  his  heirs,  executors,  admin- 
iftrators  and  afligns,  againft  any  perfon  or  perfons  lawfully 
claiming  the  fame.  PrfvideJ  altuays,  ne vcrthelcfs,  That  if 
it  (hall  fo  happen  that  the  rent  above  referred  or  any  part 
thereof  (hall  be  bthind  and  unpaid,  by  and  for  the  fpace  of 
thirty  days  next  after  any  of  the  days  of  payment,  that 
then  and  in  every  fuch  cafe,  it  (liall  and  may  be  lawful  to 
and  for  the  faid  parly  of  ;he  (lift  part,  his  heirs  and  alTigns, 
or  any  of  them,  at  the  option  of  the  faid  p,:rty  of  (he  firft 
part,  his  heirs  and  affigns,  either  to  proftcute  for  the  re- 
covery  of  the  fame  in  fome  court  of 'record  ;  or  in  perfon, 
or  by  his  or  their  fervant  or  fervants,  bailiff  or  bailiffs,  into 
the  whoJe,  or  any  pait  of  the  premifes  to  enter,  and  there 
to  diftrain,  and  the  dillrefs  fo  taken,  to  lead,  drive  and  car. 
ry  av7ay,  and  the  fame  to  expofe  to  fale  at  public  vendue  ; 
and  out  of  the  monies  therefrom  arifing  to  dcduft  the  rent 
then  due  and  in  arrear,  together  with  the  cofts  of  diftrefs 
and  fale — and  to  return  the  overplus  (if  any  there  be)  un- 
to the  faid  party  of  the  fccond  part,  his  heirs,  execuiorSt 
adminiftrators  or  affigns  ;  And  provided  further,  and  thefe 
prefents,  and  evety  thing  herein  contained,  are  upon  this 
cxprefs  condition,  That  if  it  (hall  at  any  time  happen  that 
no  fufficitnt  diftrefs  can  be  found  upon  the  premifes,  to 
fatisfy  fuch  rent  due  and  in  arrear  as  aforefaid,  or  if  any 
or  either  of  the  covenants  or  conditions  herein  before  con- 
tained on  the  part  of  the  faid  party  of  the  fecond  part, 
his  heirs,  executors,  adtniniftrators  and  ailigns,  to  be  per- 
formed, fulfilled  and  kept,  (hall  not  be  performed  fulfilled 
and  kept,  or  (hall  be  broken — then,  and  in  each  and  every 
fuch  cafe,  and  from  thenceforth  and  at  all  times  thereafter, 
it  (liall  be  lawful  to  and  for  the  faid  party  of  the  firll  part, 
his  heirs  and  affigns,  or  any  of  them,  into  the  whole  of  the 
hereby  demiftd  premifes,  and  into  every  or  any  part  there- 
of, in  the  name  of  the  whole  to  rc-eucer,  and  the  fame  as 

hii 


Leafe), 


95 


hU  and  their  former  eftate  to  have  again,  re-poflefs  and  en- 
joy ;  and  the  faid  party  of  the  fecond  part,  his  htirs,  exec- 
utors, adminiftrators  and  sfiigns,  and  all  others,  thereout, 
and  from  thence  utterly  to  expel,  put  out  and  amove  ;  this 
indenture,  or  any  thing  herein  contained,  to  the  coHtrary 
thereof  in  any  wife  notwithftanding.  In  witnefs  whereof, 
the  parties  hereunto  their  hand<;  and  feals  have  interchanj^e- 
ably  fubfcrjbtd  and  fet,  the  day  and  yaar  firft  above  written. 
Sealed,  &c. 

\Tbi$  leaje  tvill  an/njerfar  a  term  of  yean  by  omitting  the 
nucrd  heirs  after  the  party  of  the  fecond  part,  and  by  fubjlilut- 
irtg  the  number  of  years  the  leafe  is  to  evdure  for  the  'words  f'ot 
ever. — As  lenffs  given  for  netu  lands  often  contain  a  claitfe 
alloiuing  the  liffie  from  three  to  feven  years  lent  free,  that 
tlaufe  IS  here  inferttd. — The  form  of  the  tivo  preceding  leaftf 
are  much  appro'ved  of  and  in  general  ufe  in  this  fale.^ 


The  Form  of  a  Leafe  from  a  Perfon  authorifed 
by  Letter  of  Attorney. 

THIS  Indenture,  made  between y*.  B.  of 

and  C.  D.  of  of  the  one  part  (  'i.  B.  is  the 

proprietor  of  the  land,  and  C.  D.  is  the  attorney  appointed') 
and  E.  F.  of  the  otlierpart.  Whereas  the  faid  .  B  by 
a  certain  writing  or  letter  of  attorney  under  his  hand  and 
feal  duly  executed,  dated  the  day  of  amongft 

other  things  therein  contained,  did  autliorife  the  faid  C.  D. 
in  the  name  of  him  the  faid  B.  and  on  his  behalf,  to 
execute  leafes  of  fuch  part  of  his  lands,  tenements  and  here- 
ditaments in  as  by  the  faid  C.  D.  (liali  be  thought 
fit  to  be  leafed  *  Now  thi?  indenture  wiineffeth,  I'hat  for 
and  in  confideration  of  the  rent,  covenants  and  agreements 
hereinafter  mentioned,  referved  and  contained,  on  the  part^ 
and  behalf  of  the  faid  E.  F.  to  be  paid,  done  and  perform- 
ed, he  the  faid  j4.  B.  by  his  faid  attorney  C.  D.  hath  grant- 
ed, dcmifed,  &c.  ( Here  go  on  as  in  the  precedents  before  laid 
doivn  for  ether  leafes,  until  the  l.-Jor  om^s  to  coven jnt,  and 
then  begin  thus.)  And  the  faid  A.  B.  by  his  faid  attorney, 
for  himfelf,  &c.  ( Here  inferta  covenant  for  quiet  enjoyment.) 
In  luitnefs,  ^c.  Of 


96 


Diftttfs. 


Of  DISTRESS  for  RENT. 


WHERE  rent  Is  behind  and  in  arrear,  the  tenant's 
goods  or  cliattels  may  be  diftrained  ;  and  if  he 
does  not  within  five  days  next  after  the  dillrefs  takrn,  and 
notice  thereof,  with  the  canfe  of  fuch  takinys,  left  ;  t  ihc 
mod  notorious  place  upon  the  premifts,  charged  with  the 
rent,  replevy  the  fame  with  fufflcient  lecuriiy  to  be  givco 
to  the  fhcrlff,  then  after  the  expiiatioti  of  the  faid  f^ve  days, 
the  party  diftraining  may,  with  the  fherifF,  under- Hicriff,  or 
conftable,  &c.  caufe  the  froods  and  cha'.tels  diftrained, 
to  be  appraifcd  by  two  fvvorn  appraifera,  whom  fuch  fherifF, 
&c.  is  empowered  to  fwear,  and  after  appraifement  fo  made, 
may,  after  giving  three  days  public  notice,  fell  the  things 
diftrained  for  the  btft  price  ihey  can  get,  leaving  the  over- 
phis,  if  any,  after  dedufting  for  the  rent  due,  together 
with  the  charges  of  the  diilrefs,  appraifement  and  fale,  ia 
the  hands  of  the  fhevifl,  &c.  for  the  owner's  ufe. 

\Thi  form  of  a  Letter  of  Allorney  for  maling  a  Di/lrefSt 
fee  under  the  title  Letters  of  Attorney.] 

The  Form  of  the  Apprnifers'  Oath. 

YOUy^.  5.and  C.  D.  fwear  that  you  will  faithfully  ap. 
pvaife  and  value  thi  goods  now  taken  Tn  diltrefs,  and 
mentioned  in  the  inventory  to  you  fhcwn  as  between  buyer 
a-nd  feller,  accortling  to  the  belt  of  your  fkill  and  underftand- 
ing  :  You  fhall  nov  through  partiality,  intcreft  or  other 
wife,  over  or  undtr  eflimate  ilit  faid  goods,  but  iniuartially 
do  your  duties  herein.  So  help  you  God, 

The  Form  of  the  Invent ^ry  to  he  taken  on  making 
a  Difltefu 

AN  inventory  of  the  fevcra!  goods,  houfehold-flii'Fand 
furniture,  that  were  ftiz>d  and  diflraincd  by  C.  D. 
in  the  houle  ef  J.  B.  in  by  an  authority  of  E.  F. 

to  him  far  that  jpurpofe  given  ( If  the  d'tflrefs  he  made  by  the 

landlord 


Dijlrefi. 


97 


landlord  himftlf,  then  leave  out  by  an  authority,  &c.)  for 
dollars,  for  one  quarter's  rent  due  on  the  day 
of        laft,  to  him  the  faid  E.  F.  which  goods  were  feized 
and  diArained  the  day  of  inftant,  for  the  ufe 

of  the  faid  E,  F.  for  the  rent  fo  due  to  him  as  aforefaid. 

Jn  the  Brewhoufe,  Dolls.  Cls, 

One  copper         -           -            •  14 

In  the  room  forward, 

A  pair  of  iron  grates  and  crane,           -  019 

A  large  oval  table  and  fix  leather  chairs  .  i  7 

D.  18  40 

IVilnefs  our  hands,  this  day  of  lo  the  year  of  our 
X<ord  one  thoufand  eight  hundred. 

Valued  in  all  at  eighteen  dollars  forty  cents* 


E  ?)\|  Appraiferj. 
D.  A.  Conftable. 


^  Notice  to  the  Tenant  of  a  Dijlrefs  made. 
Mr.  A.  B. 

THIS  is  to  inform  you,  that  by  the  authority  of  your 
landlord,  E.  F.  I  have  this  day  of  in  the 
year  of  our  Lord  one  thoufand  eight  hundred,  diftrained 
(If  the  landlord  feixed,  then  fay,  that  I  this  day,  &c. 
upon  part  of  your  goods  in  your  houfe  in  Market-ftrtet, 
Albany,  for  dollars  for  a  quarter's  rent  due  on 

laft)  and  have  taken  an  inventory  thereof,  and  locked  the 
fame  in  (here  mention  the  particular  pLice  they  are  fecured  in) 
and  if  you  do  not  pay  the  rent  due,  or  replevy  the  goods 
mentioned  in  the  inventory,  I  fhall,  in  five  days  time,  ac- 
cording to  the  direftions  of  the  adl  in  that  cafe  made  and 
provided,  make  fale  thereof,  of  which  take  notice  from 

Your  friend, 

To  Mr.  A.  B. 

Witnefs.  that  a  copy  hereof  was  this  day  delivered  to 
Mrs.  C.  B.  wife  of  the  above  named  A.  B.  by         E.  D. 

I  JVo/e. 


$8 


Dijlrefs  and  SaU. 


Note.  It  is  proper  for  the  landlord  to  keep  one  cepy  of 
tlie  above  notice,  fubfcribed  as  above  by  the  perfon  that 
ferved  it. 

If  a  diftrcfs  and  fale  be  made  where  no  rent  is  due  the 
owner  of  the  goods  may  recover  double  the  value  of  the 
goods  diftiained,  &c.  with  colls  pf  fuit  Sep  Laws  of  New 
rsri,  i\M.d'.s6  §  (J. 

So  by  the  fame  law,  goods  taken  in  execution  are  not  to 
be  earned  oft  the  premifes,  unkfs  the  landlord's  icnt,  not 
exceeding  a  year,  bt  firit  paid. 

And  by  feet,  i  3, landlords  may  diftrain  goods  fraudulently 
carried  off  the  premifes,  within  thirty  days  after  removal, 
and  fell  them  in  the  fame  manner  as  if  found  thereon,  pro- 
vided they  be  not  before  atlualiy  fold  for  a  valuable  confid- 
eration  to  a  perfon  not  privy  to  the  fraud. 

Tenants,  or  others  for  them,  carrying  off  or  concealing 
gpods  to  the  prejudice  of  he  landlord,  forfeit  to  him  dou- 
ble the  value  of  the  rent  due,  to  be  recovered  by  a(flion  of 
debt  in  any  court  of  record. 

A  landlord,  with  the  afliflance  of  a  conftable,  or  other 
peace  ofEcer,  having  firft  made  oath  before  a  juftice,  as  tq 
the  houfe  &c.  where  he  fulpedls  goods  carried  off  are  con- 
cealed, may  break  open  fach  houfc.  Sec.  in  the  dny  time, 
and  there  feize.  They  may  likewife  diftrain  any  cattle  oc 
ftock  of  the  tenant's,  that  fliall  be  depalluring  upon  any 
place  near  the  premifcs,  (excepting  however  hearts  of  the 
plough,  fheep.and  implements  of  tenant's  trade,  which  may 
not  be  diftrained  until  other  fufScient  ditlrefs  cannot  be 
found)  as  aifo  feize  all  forts  of  corn,  grafa,  roots  or  other 
predii£l  whatfoever  growing  on  any  part  of  the  premifes,  let 
and  difpofc  of  the  fame. 

Notice  of  the  diftrefs  made  muft  be  given  to  the  tenantf 
or  left  at  the  laft  place  of  his  abode,  within  one  week  after 
the  fame  is  made, 

DiftrcfTes  made  on  the  premifes  may  be  fccured  in  the  raofl 
convenient  part  thereof ;  and  if  any  pound-breach  or  refcous 
be  made  of  any  thing  diftrained  for  rent,  and  impourded, 
the  officers  or  owners  of  the  goods  felzcd^  fhall  be  liable  to 
treble  damages,  with  cofts. 

Wc 


Landlord  and  Tenant. 


99 


\Ve  come  now  to  fpeak  forrething  in  relation  to  tenants 
holding  over  lands,  3tc.  after  their  terms  therein  are  ex- 
pired, &c. 

Tenants  for  life  or  years,  or  fub-tenants  holding  over  the 
premifes,  letting  them  after  the  determination  of  their 
terms,  and  notice  given  to  deliver  up  poffcflion,  are  to  pay 
the  landlord,  or  the  perfon  entitled  in  reverfion,  double  the 
yearly  value.  Upon  one  half  year's  rent  in  arrear,  the  land- 
lord is  entitled  to  a  re  entry,  may  ferve  a  declaration  in 
tjeflrnent,  and  recover  judgment. 

Attornments  of  tenants  to  itrangers, except  made  in  purfu- 
ance  of  fome  judgment  or  decree  in  law  or  equity,  or  by  con- 
fent  cf  the  landlord,  or  to  any  mortgagee,  after  the  mort- 
gage is  become  forfeited,  are  void. 

Ttrants  fecreting  declarations  in  ejcftments  delivered, . for- 
feit the  value  of  three  years  improved  or  rackrent,  to  be  re- 
covered by  aftion  of  debt  in  any  court  of  record  within  this 
ftate. 

A  landlord  may  make  himfelf  defendant  to  a  declaration 
ID  ejefimtnt,  by  joining  with  his  tenant ;  and  may  likewife, 
where  the  agreement  is  not  by  deed,  recover  reafonable  fatis- 
fa^ion  for  the  premifes  held  by  the  tenant,  in  an  action  on 
the  cafe.  In  like  manner,  rent  may  be  recovered  from  un- 
der tenants  by  executors,  &c.  cf  deceafcd  tenants  for  life, 
fe'hether  they  (!ie  oh  the  day,  when  the  whole  becomes  due, 
or  not  ;  asd  if  not  a  proportionable  part  of  the  rent  grow- 
ing due  at  the  time  of  his  deceafc  is  to  be  recovered. 

Tenants  holding  premifes  after  the  time  they  are  notified 
to  quit  them,  are  to  pay  double  rent  for  that  time.  Diiireffes 
for  rent  due  are  not  to  be  deemed  unlawful,  on  account  of 
sny  irregular  ftep  taken  in  making  thtm  ;  and  tenants  are 
not  to  recover  for  any  irregularity  done,  if  tender  of  amends 
be  made  before  aftion  brought. 

Defendants  in  rcpltvin  need  only  avow  that  the  tenant 
held  the  premifes  at  a  certain  rent,  &c.  without  further 
fetting  forth  the  landlord's  title. 

OfBcers  granting  replevins  are  to  take  from  the  plaintiff 
and  two  fureties,  a  bond  in  double  the  value  of  the  goods 
feized,  to  be  afiertained  by  the  oath  of  fome  difiuterelled 
perfon,  and  conditioned  forproftcuting  the  fuit  with  effcdt. 


100 


Mortgagts. 


Sic.  the  faid  bond  to  be  afligned  over  to  tbe  defendant,  &c. 

Before  we  quit  the  head  Leafes,  it  will  be  proper  to  ob- 
ferve,  that  an  attorney  appointed  to  make  leafes,  muft  not 
do  the.Ti  in  his  own  name,  but  in  the  name  of  the  perfon 
that  authorifed  him,    2  Lord  K<t)rn.  141 8.  S/ra.  705. 


Of  MORTGAGES  of  ESTATES. 


A MORTGAGE  is  a  pledge  or  pawn  of  landj,  ftc. 
on  account  of  money  botrowed,  or  for  fome  debt 
otherwife  contraficd,  afld  is  moft  ufually  made  by  way  of 
leafe  for  a  long  term  of  years,  by  affignraent  of  fome  tem- 
porary iniereft,  or  by  leafe  and  releafe  in  fee,  that  is  to 
fay,  made  as  an  cftare  of  inheritance  to  the  perfon  it  is 
pledged  to,  who  is  called  the  mortgagee,  whilft  on  the  oth- 
er hand  the  pledger  is  termed  the  mortgagor.  It  is  an  in- 
Itrumeni  or  deed  made  on  condition,  that  until  failure  ia 
payn-ieni  of  principal  and  inteiell  due,  the  mortgagor  is  to 
poiTtfs  and  enjoy  the  lands,  &c.  mortgaged  ;  and  though 
failure  be  made,  he  and  his  reprtfentatives  have  a  right  to 
redeem  the  mortgage,  which  in  law  is  termed  the  equity 
of  redemption.     Lit  332. 

Where  thrre  are  mortgages  for  a  term  of  years  of  cftates 
jntentlcd  to  be  fold,  affignments  cf  thofe  terms  are  to  be 
made  in  trufl;  for  the  purchaftr,  by  indenture  of  three  pait», 
commonly  called  tripartie,  wherein  the  mortgagee  is  to  be 
of  the  firft  part,  the  mortgagor  and  his  heir  (if  any  he  have 
cf  tge)  of  tlie  fecond  part,  and  the  purchaferand  his  truf- 
tces  of  the  third  pait,  reciting  the  mortgages  and  afligiiing 
them  in  trufl  to  attend  the  freehold. 

Mote — In  the  (late  of  New- York  it  is  required,  in  order 
that  mortgages  be  good  and  fnfficient  agaiuft  fubfequent 
bona  fide  purchafes,  that  they  be  regiftertd  or  recorded 
in  the  office  of  the  clerk  of  the  county  in  which  the  landa 
or  tenements  are  fituated  :  And  after  a  legal  fale,  there  re- 
mains  no  longer  sny  equ-ity  of  redemption. 

j4  Mort' 


Mortgages.  10 1 

A  Mortgage  of  Houfes  and  Lands. 
[An  approved  form  in  the  ftate  of  New-York.] 

THIS  Indenture,  made  the        day  of         in  the  year 
of  our  Lord  one  thoufand        between  A.  B.  of  &c. 
of  the  firft  part,  and  C.  D.  of  &c.  of  the  fecond  part,  nvil- 
tiepih,  that  the  faid  party  of  the  firft  part,  for  and  in  con- 
fideration  of  the  f  .m  of  two  hundred  do  lars,  lawful  money 
of  the  ftate  of  New- York,  to  him  in  hand  paid,  the  receipt 
whereof  is  hereby  acknowledged,  hath  granted,  bargained, 
fold,releafed,  enfeoffed  and  confirmed  ;  and  by  thefe prefents, 
doth  grant,  bargain,  fell,  releafe,  enfeoff  and  confirm,  unto 
the  faid  paity  of  the  fecond  part,  in  his  aftual  pofRfTion  now 
being,  and  to  his  heirs  and  aiTigns  forever,  all  tliat  certain 
farm,  &c.  fituate,  lying  and  being,  &c.  butted  and  bounded 
as  follows,  &c.  containing  two  hundred  acres  of  land,  be  the 
fame  more  or  hk  :  To  have  and  to  hold,  the  above  bargained 
p'-emifes,  to  the  faid  party  of  the  fecond  part.  Ills  heirs  and 
afligns,  to  the  fole  and  only  proper  ufe,  benefit  and  behoof 
of  the  faid  p.-.rty  of  the  fecond  part,  his  heirs  and  afligna 
for  ever     Piovided  always,  and  thefe  prefents  are  upon  this 
exprefs  condition,  that  if  the  faid  party  of  the  firft  part,  pay- 
to  the  faid  party  of  the  fecond  pait,  the  juft  and  full  fum  of 
two  hundred  dollars  in  gold  and  filver,  on  or  before  the  firft 
flay  of  '  uly,  which  ivill  be  in  the  year  of  our  Lord  one  thou- 
fand  eight  hundred  and  ten,  with  lawful  intereft  annually  un- 
til paid  accord  i  ng  to  the  condition  of  a  certain  bond  or  writing 
obligatory,  bearing  even  date  herewith,  executed  by  the  faid 
party  of  the  firft  pait,  to  the  faid  party  of  the  fecond 
part,  as  a  collateral  ftcurity,  then  thcfc  prefents,  and  the 
faid  bond  or  writing  obligatory,  fhall  ceafe  and  be  null  and 
void  ;  but,  in  cafe  of  the  non-payment  of  the  faid  fum  of 
two  hundred  dollars,  v.'ith  the  intereft  annually,  or  any  part 
thereof,  or  any  part  of  the  Intereft  fo  to  become  due,  at 
the  time  or  times  above  limited  for  the  payment  thereof, 
then  and  in  fuch  cafe,  it  fliall  and  may  be  lawful  for  the  faid 
party  of  the  fecond  part,  his  heirs,  executors,  admlniftra- 
tors  or  afligns,  and  the  faid  party  of  the  firft  part,  doth 
hereby  empower  and  authorife  the  faid  party  of  the  fecond 
part,  his  heirs,  executors,  adminiftrators  and  afligns,  to 
I  2  grant 


Mortgaget. 


grant,  bargain,  fell,  relcafe  and  convey  the  fald  pretnires, 

with  the  appurtenances,  at  public  auftion  or  vendue — and 
on  fuch  fale  to  make  and  execute  to  the  piirchafer  or  pur- 
chafers,  his,  her  or  their  heirs  and  afligns  for  ever,  good, 
ample  and  fufficient  deeds  of  conveyance  in  the  law,  pur- 
fuant  to  the  ttatute  in  fuch  cafe  made  and  provided — ren- 
dering the  overplus  monies  (if  any  there  be)  to  the  faid 
party  of  the  firft  part,  bisrheirj,  executors  or  adminiftrators, 
after  deducing  the  colls  and  charges  of  fuch  vendue  and 
fale  as  aforefaid.  In  witnefs  whereof,  the  parties  to  ihefe 
prefcnls  have  hereunto  interchangeably  fet  their  hands  and 
fcals,  the  day  and  year  firft  above  written. 
Sealed,  ^Sfc. 


^  Mortgage  of  a  Mejfuage^  (^c.  for  a  Term 
of  Tears. 

THIS  Indenture,  made  the  day  of  in 

the  year  of  our  Lord         between  A.  B.  of 
of  the  one  part,  and  C.  D.  of  of  the  other  part, 

tuitnejfelh,  that  the  faid  /I,  £■  for  and  in  confideration  of 
the  fun:)  of  of  lawful  money  of  to  him  in  hand 

paid  by  the  faid  C.  D.  at  or  before  the  fealing  and  delivery 
of  thefc  prefenis,  the  receipt  whereof  he  the  faid  j4.  B. 
doth  hereby  acknowledge,  hath  granted,  bargained  and  fold, 
and  by  thefe  prefents  doih  gxznx,  bargain  and  fell  unto  the 
faid  C.  D.  his  executors,  adminiftrators  and  afligns,  d//that 
certain  meffuage,  &c.  (Here  ilefcr'ibe  the  premifes  after 
the  manner  le/ore  dejcr'iled.)  And  alfo  the  reverfion  and  re- 
veifions,  remainder  and  remainders,  rents,  ilTues  and  profits 
of  all  and  fingular  the  faid  premifes,  and  of  every  part  and 
parcel  thereof,  with  their  appurtenances  :  To  have  and  to 
hofdthe  faid  meffuage,  &c.  and  premifes  above  mentioned, 
and  every  part  and  parcel  thereof,  with  the  appurtenances, 
unto  the  faid  C.  D.  his  executors,  adminiftrators  and  af- 
figns,  from  the  day  before  the  day  of  the  date  of  thefe  pre- 
fents, for  and  during,  and  unto  the  full  end  and  term  of  five 
hundred  years  from  thence  next  enfuing  and  fully  to  be 
complete  and  cudedj  yielding  and  paying  therefor  yearly 

during 


Mortgages. 


during  the  faid  term,  at  or  upon  the  day  of 

one  pepper  corn,  if  demanded  :  Provided,  and  thefe  pre- 
fents  are  upon  thia  condition,  and  it  is  the  true  intern  and 
meaning  hereof,  and  of  the  faid  parties  hereunto,  that  if  the 
faid  A.  B.  his  heirs  or  afligns,  do  and  (hall  well  and  truly 
■pay,  orcaufe  to  be  paid,\into  the  faid  C.  D.  his  executors, 
adminiftrators  or  afligns,  the  full  fum  of  of  lawful 

money  of  wiih  legal  interefl  for  the  fame,  on  or  be- 

fore the  day  of  next  enfuing  the  day  of  the 

date  hereof  without  any  dedudion, defalcation  or  abatement 
whalfoever,  for  or  by  reafon  of  any  taxes  or  alTelTments  what- 
foever,  either  ordinary  or  extraordinary,  already  impofed 
or  hereafter  to  be  irapofcd  on  the  faid  prennifes,  or  any  part 
thereof,  that  then  and  from  thenceforth  thefe  prcfents,  and 
every  matter  and  thing  herein  contained,  fhall  ceafe« 
determine,  and  be  utterly  null  and  void  to  all  intents  and 
purpofes  ;  any  thing  herein  contained  to  the  contrary 
thereof  in  any  wife  notwithftaoding.  And  the  faid  A.  B. 
for  himfelf,  his  heirs,  executors  and  anminiftrators,  doth 
covenant,  promife,  grant  and  agree  to  and  with  the  faid  C.i>. 
his  executors,  adminiftrators  and  afTigne,  that  he  the  faid  A. 
B.  hi»  heirs,  executors  or  adrainidrators,  (hall  and  will 
well  and  truly  pay,  or  caufe  to  be  paid  unto  the  faid  C.  Dt 
bis  executors,  adminiftrators  or  afligns,  the  faid  fum  of 
with  legal  intereft  for  the  fame,  on  or  before  the  faid 
day  of  next,  without  any  deduftion  as  aforefaid,  accord- 
ing to  the  true  intent  and  meanisg  of  thefe  prcfents  :  And 
alfo,  that  hkthe  faid  C.  D.  his  executors,  adminiftrators 
and  afligns,  (hall  and  may  at  all  times,  after  default  (hall 
be  made  in  payment  of  the  faid  fum  of  and  intereft,  or 
any  part  thereof,  at  the  time  herein  before  limited  for  pay- 
ment thereof,  peaceably  and  quietly  have,  hold,  occupy, 
poflefs  and  enjoy  all  and  fingular  the  faid  mefluagc,  3tc. 
and  other  the  premifes  above  granted,  bargained  and  fold, 
or  mentioned  or  intended  fo  to  he,  with  the  appurtenances 
as  aforefaid,  for  and  during  all  the  reft,  refiJue  and  remain- 
der of  the  faid  term  of  five  hundred  years,  which  fhall  be 
then  to  come  and  unexpired,  without  the  let,  fuit,  hindrance, 
moleftation,  interruption  or  eviftion  of  him  the  faid  A.  B. 
bis  heirs  and  aiBgnii,  or  of  any  other  perfoa  orpcrfons  whom- 

foevcr 


Mortgages. 


foever,  lawfully  claiming  or  to  claim  by,  from  or  under  him, 
them,  or  any  of  them  :  And  further,  that  he  the  falJ  A.  B. 
and  his  heirs,  and  all  and  every  other  pcrfon  and  perfons 
having  or  lawfully  claiming  any  right,  title  or  inttrefb,  in  or 
to  the  faid  preniifes,  or  any  p;irt  or  parcel  thereof,  by,  from 
or  under  him  or  them,  (hall  and  will,  after  default  (hall  be 
made  in  payment  of  the  faid  fum  of  and  it.Ucreft,  oi  any 
part  thereof,  as  aforefaid,  make,  do  and  execute,  or  caufe  or 
procure  to  be  made,  done  and  executed  all  and  every  fuch 
further  and  other  lawful  and  reafonable  zdt  and  a6\s,  thing 
and  things,  affurance  and  afTurances,  device  and  devices  ia 
the  law  whatfoever,  for  the  further,  better  and  more  pcrfedt 
granting  and  alfuring  of  all  and  lingular  the  faid  premifes, 
with  the  appurtenances  above  bargained  and  fold,  or  men- 
tioned, or  intended  fo  to  be,  unto  the  faid  C.  D.  his  execu- 
tors, adminiftrators  and  afiigns,  for  and  during  all  the  reft, 
refidue  and  remainder  of  the  faid  term  of  five  hundred  years 
above  granted,  as  by  the  fa  d  C.  D.  his  executors,  adminif- 
trators or  afiigns,  oi  his  or  their  counfel  learned  in  the  law, 
fnall  be  reafonable  devifed,  adviffd  or  required,  j^nri  lajlly, 
it  is  covenanted,  granted,  concluded  and  agreed  upon,  by 
rnd  between  the  laid  patties  to  thcfe  prefents,  and  the  true 
intent  and  meaning  hereof  is,  and  it  is  hereby  declared  fo  to 
be,  that  until  default  fiiall  be  made  in  payment  of  the  faid 
fum  of  and  intereft,  or  any  part  thereof  as  aforefaid,  it 
ftiall  and  may  be  lawful  to  and  for  the  faid  A-  B.  his  heirs 
and  affigns,  to  have,  hold  and  enjoy  all  and  fingular  the  faid 
premifes,  with  the  apjuirtenanres,  above  barga^d  and  fold, 
in  manner  aforefaid,  and  to  receive  and  take  the  rents  ilfues 
and  profits  thereof,  tohis  and  thcirown  preper  ufe  and  bene, 
fit  ;  any  thing  herein  contained  to  the  contiary  thereof  in 
any  wife  notwithrtanding.     In  witnifs,  fee. 

Note.  It  is  proper  to  indorfe  on  the  back  of  the  aboTC 
deed  a  receipt  for  the  money  lent. 


Mortgage  of  Goods. 

THIS  Indenture,  made  between  yJ.  B.  of  of 
the  one  part,  and  C.  D.  of  of  the  other  part, 

•wUneffetb, 


Mortgagts. 


105 


wUnrfeth,  that  tlie  faid  party  of  the  firft  part,  for  and  in 
confideration  of  the  fum  of  to  him  in  hand  well  and  tru- 
ly paid  by  the  faid  party  of  the  fecond  pait  at  or  before  the 
ftaling  and  delivery  of  thcfe  pr^efents,  the  ret:eipt  whereof  i« 
hereby  acknowledged,  ^a/A granted, bargained  and  fold,  and 
by  ihefc  prefents,  iJoth  grant,  bargain  and  fell  unto  the  faid 
party  of  th<r  fecond  part,  his  executors  adininiilrators  and 
alGgns,  All  and  Angular  the  goods,  furniture  and  hoiifehold- 
ftuff  herein  after  particularly  mentioned  and  exprcHed  tkat 
IS  to  fa)'  : — \  Here  inferl  fully  an  accouit  of  all  the  goods  mort- 
gaged.'] To  have  and  to  hold  all  and  fingolar  the  faid 
goods,  &c.  herein  before  granted,  bargained  and  fold,  or 
mentioned  or  intended  fo  10  be,  unto  the  faid  party  of  the 
liecond  part,  his  executors,  adminiftrators  and  .■.fligns,  to 
theonly  proper  ufe  and  behoof  of  the  faid  party  ot  the  fe- 
cond part,  his  exccutois,  adminiftrators  and  affigns  for  ever  ; 
Provided  always,  and  thefe  prcftiits  art  upon  this  condition, 
that  if  the  faid  party  of  the  fir  it  psrt.his  executors  or  admin- 
iRrators,  (hall  and  do  well  and  truly  pay  or  caufe  to  be  paid 
unto  the  faid  pat  ty  of  ihefecood  part,  his  executors,  admin» 
iftrators  or  afli  ^ns,  the  full  fum  of         of  lawful  money  of 

with  legal  intereft  for  the  lame,  on  or  before  the 
day  of  then  tiiefe  prefents.  and  every  matter  and  thing 
herein  contained  rtiall  ccafe,  determine,  and  be  utterly  void, 
to  all  intents  and  purpofes  ;  any  thing  herein  contained  to 
the  contrary  thereof  in  any  nifenotivithftanding.  Andthehid 
party  of  th^rft  part,  for  himfclf,  his  executors  and  admin- 
iftrators, all  and  fingular  the  faid  goods,  &c.  by  thefe  pref- 
ents unto  the  faid  party  of  the  fecond  part,  his  executors, 
adminiftrators  and  affigns,  againft  him  the  faid  party  of  the 
■firlt  part,  his  executors  and  adrDiniftrators,  and  againft  all 
and  every  other  perfon  and  ptrfons  whomfoever,  (h  ill  and  will 
■A-airant,  and  forever  defend  by  thefe  prefents.  Andlhe  faid 
party  of  the  fecond  part,  for  himfclf  his  executors  and  ad- 
miniftrators, doth  covenant,  promife,  grant  and  agree,  to 
and  with  the  faid  party  of  the  firft  pair,  his  executors  and 
adminiftrators,  that  he  and  they  fhall  and  will  immediately, 
upon  the  receipt  of  tbs  faid  fum  of  and  intereft  as  aforefaid, 
at  the  day  andtimeabove  limitedfor  payment  thereof,  deliver 
mr  caufe  to  be  dtlivered,  unto  the  faid  party  of  the  fecond 

part 


io6 


jHfignmenit. 


part,  his  executors,  adminiftratorsot  afTigns,  all  and  fingnlaf 

the  goods,  &c.  above  ^^ranied,  which  are  now,  and  at  the  time 
of  the  extcuting  of  ihtfe  prefenis,  were  received  by  the  faid 
party  of  the  fccond  part  of  and  from  the  faid  party  of  the 
firft  pait,  in  as  good  cafe,  plight  and  condition  as  the  fame 
and  every  of  them  now  are  at  this  preftnl  time. 
In  uuitncfs,  &C4 


Of  ASSIGNMENTS. 


ASSIGNMENT  is  the  transferring  the  intertft  one 
hath  in  lands,  goods  or  any  other  thing,  to  another'. 
The  perfon  afligning  is  called  the  Aflignor,  and  he  to  whonft 
the  aflignment  is  made,  the  f\f[ignee. 

If  a  perfon  hath  a  terJn  for  jeart,  he  cannot  aflign  it,  un- 
Itfs  he  be  aflually  in  poflelTion;  and  if  he  be  not,  the  af- 
lignment mufl  bt  executed  upon  the  premifcs  intended  to 
beafiigned.    Co  Lit.  46,  47. 

By  the  flatute  of  frauds  and  perjuries,  29  Car.  2  t.  3* 
the  aflignment  muft  be  by  deed. 

Upon  an  aflignnient  of  a  leafe  for  years,  the  leflbr  may, 
at  his  eleftion,  charge  either  the  leffce  or  aflignee  with  the 
lent;  but  if  he  accept  rent  from  the  aflignee,  knowing  of 
the  aflignment,  he  hath  determined  his  elcftion,  and  cannot 
afterwards  charge  the  leflce  for  rent  growing  d^^.  3  Rep.  23. 

Jin  AJJigTiment  of  a  Bond. 

WHEREAS  A  B.  of  inandby  one  bond  or  obli- 
gation, bearing  date  became  bound  \.oC.D.oi 
in  the  penal  fiim  of  500  dollars,  conditioned  for  the  pay- 
ment of  250  dols.and  inicreft  at  a  day  rincepaft,as  by  the  faid 
bond  andcondition  thereof  may  appear  And  wlicrcas  there 
row  remains  due  to  the  faid  C.  D.  for  principal  and  inttrcll 
on  the  faid  bond  the  fum  of  27  5  dollars  ot,  &c.  Now  know 
all  men  by  thefe  prefents,  that  the  faid  C,  D.  for  and  in  con- 
fidetation  of  the  faid  fum  of  to  him  in  hand  paid  by 

£.  F.  of  the  receipt  whereof  the  faid  C,  D  doih 

hereby 


Jiffignmtnlt, 


hereby  acknowledge  ;  he  the  faid  C.  D.  hath  affigned  and 
fet  over,  and  by  :btfc  prefents  doth  affign  and  f?t  over  unto 
the  faid  E,  F.  the  faid  recited  bond  or  obh'gation,  and  the 
monies  thereupon  due  and  owin^:  And  all  his  right  and 
jntcrcft  of,  in  and  to  the  f  ime.  And  the  faid  C.  D.  for 
the  confidtrations  aforefaid.  hath  made,  ordained,  con- 
Aituted  and  appointed,  and  by  thcfe  prefents  doth  make, 
tec.  the  faid  b..  F.  his  executors  and  adoiiniftrators,  his  true 
and  lawful  attorney  and  attornies  irrevocable,  for  him  and 
in  his  name,  and  in  the  nanie  and  names  of  his  executors 
and  adminiltrators,  but  f  r  the  fole  and  proper  ufe  and 
benefit  of  the  falci  E  F  his  exei  utors,  adminiftrators  and 
affigns,  to  afl<  require,  demand  and  receive  of  the  fdid  A.  B. 
his  heiis,  txccutuis  and  adrniniftrators,  the  mv)ney  due  oq 
the  fa'd  bond  ;  and  on  nori  payment  thereof,  to  fue  for,' re- 
cover and  receive  the  fame.  And  on  payment  thereof,  to 
deliver  up  and  cancel  the  faid  bond,  and  give  fuffieient  re- 
leafcs  and  difcharges  thereof.  And  one  or  more  attorney 
or  attornies  under  him  to  cpnftitjte  ;  and  whatfoever  the  faid 
E.  F.  or  his  attorney  or  attornies  (hall  lawfijlly  do  in  the 
premifes,  the  faid  C-  D.  doth  hereby  allow  and  confirm. 
And  the  faid  C.  D-  doth  covenant  with  the  faid  E.  F.  that 
]^e  the  faid  C.  D.  hath  not  received,  nor  will  receive  the  faid 
monies  due  on  the  faid  bond,  nor  aoy  part  thereof,  neither 
(hall  or  will  rcleafe  or  difci!arge  the  fam;,  or  any  part 
thereof,  Gut  will  own  and  allow  of  all  lawful  proceedings 
fpr  recovery  thereof,  he  the  faid  E.  F.  f.iving  the  faid  C, 
D.  harmlcfs  of  and  from  any  cods  that  may  happen  to  bin!) 
^Jiereby.    /n  luitnefs,  4cc. 


AJJlgnrnent  of  a  Judgment  recovered. 

THIS  Indenture,  made  between  A.  B.  of  of  the 
one  part,  and  C.  D.  of  of  the  other  part  ;  where- 
as the  faid  A.  B.  did  in  April  term,  in  the  year  of  our  Lord 
1800,  recover  by  judgment  in  the  fupreme  court  of  the 
ftate  of  New-York,  againft;  E.  F.  of  the  fuin  of 
debt,  and  for  damages,  ai  by  the  record  tiitrcof,  now 
remaining  in  the  faid  court,  may  appear.  Now  this  inden- 
ture witneflcth,  that  fqr  aijd  in  conlidcratioa  of  the  fum  of 

dollar* 


1  o8  ^yftgnmmU. 

dollars  of  lawful  money  of  New- York,  to  him  the 
faid  A.  B.  in  hand  wtll  and  truly  paid  by  the  fa  d  C.  D. 
at  or  before  the  fcaling  and  delivery  of  thcle  prefents,  the 
receipt  whereof  is  heicby  acknowledged,  he  the  faid  j1.  B» 
faath  grarit*,d,  bargained,  fold,  afljgned,  transferred  >ind  fet 
over,  and  by  thcfe  pn  feiits,  doth  grant,  bargain,  fell, 
aiiign,  transfer  and  fet  over  unto  the  faid  C.  D.  his  execu- 
tors, admiiiittrators  and  afligns,  the  faid  judgment  fo  recov- 
ered, as  aforefaid,  againft  the  faid  E.  F.  and  all  the  benefit 
aiwl  advantage,  fum  and  fums  of  money,  that  may  be  had, 
obtained  or  gotten  by  reafon  or  means  of  the  faid  judg- 
ment, or  any  proceedings  to  be  had  thereupon,  [^ffere 
infert  a  covenant  as  before,  thai  the  money  is  clue  and  no  part 
thereof  paid  ;  aljo  n.  B.  mujl  fign  and  ftal  a  memorial  in  the 
J'orA  before  meniionid.^ 


/In  ^jjignment  of  a  Leafe  by  an  Executor , 

THIS  Indenture,  made        between  E.  F.  of 
executor  of  the  laft  will  and  tetlament  of  G.  H.  lat« 
of  dcceafed,  of  the  one  part,  and  J.  K.  of  of 

the  other  part.  Whereas  in  and  by  one  indenture  of  leafe, 
bearing  date  and  made  or  mentioned  to  be  made, 

between  ^  T.  of  of  the  one  part,  and  the  faid  G.  H. 
by  the  name  of  G.  H.  of  (/Js  in  the  leafe)  of  the  other 
part,  he  the  faid  ^  T.  for  the  confiderations  therein  men- 
tioned, did  grant,  leafe,  fet  and  to  farm  let  [IVritethefe  nvordt 
as  you  find  them  penned  in  the  leafe~\  all  that  mtfluage  &c.  fituat« 
cd  \^Here  again  purfue  the  nvords  of  the  leafe.^  To  hold 
unto  the  faid  G.  H.  his  executors,  adminillrators  and  af« 
figns,  from  for  and  during  the  whole  term  of  yearj 
from  thence  nejft  enfuing,  and  fully  to  be  complete  and 
ended,  at  and  under  the  yearly  rent  of  payable 
[As  you  find  it  in  the  leafe'}  as  in  and  by  the  faid  in  part  re- 
cited indenture  of  leafe,  relation  being  thereunto  had  may 
more  fully  appear  :  Now  this  indenture  witnefTeih,  That 
the  faid  E.  F.  for  and  in  confideration  of  the  fum  of 
of  lawful  money  of  to  him  in  hand  paid  by  the  faid 

jf.  K.  at  or  before  the  fealing  and  delivery  of  thefe  pre- 
fents, the  receipt  whereof  i»  hereby  ackuowledged,  haih 

granted 


AJp.gnments, 


granted,  bargained,  fold,  affigned,  transferred  and  fet  over, 
and  by  tbefe  prefents,  doth  grant,  bargain,  fell,  aflign, 
transfer  and  fct  over,  unto  the  faid  J.  K.  his  executors, 
adminiftrators  and  afligns,  all  that  the  faid  mefTuage  or 
tenement  and  premlfes  above  mentioned  to  be  demifed  and 
leafed  to  the  faid  G.  H.  in  and  by  the  faid  in  pan  recited 
indenture  of  leafe  as  aforefaid,  and  every  part  and  parcel 
thereof,  with  the  appurtenances  ;  and  alfo  all  the  eftate, 
right,  title,  intcreft,  term  of  years  yet  to  come  and  unex- 
pired, property,  claim  and  demand  whatfoever,  of  him  the 
laid  E.  F.  of,  in  and  to  the  fame,  or  of,  in  or  to  any 
part  or  parcel  thereof,  together  with  the  faid  in  part  reci- 
t,ed  indenture  of  leafe  itfelf :  To  have  and  to  hold  the  faid 
roeffuage  or  tenemetit  and  premifcs  above  mentioned,  and 
hereby  granted  and  efiigned,  and  cveiy  part  and  parcel 
thereof,  with  the  appu^rtenances  unto  the  Hiid  J.  K.  his 
executors,  adminiftrators  and  afligns,  for  and  ciuriag  all 
the  reft,  lefidue  and  remainder  yet  to  come  and  unexpired^ 
of  the  faid  term  of  years,  in  and  by  the  faid  in  part 

recited  indenture  of  leafe  granted,  in  as  full,  large  and  am- 
ple a  manner,  to  all  intents  and  purpofes,  as  he  the  faid  £• 
F.  his  executors,  adminiftrators  or  afligns,  might,  ftiould 
or  ought  to  have  held  and  enjoyed  the  fame,  by  viitue  of 
the  faid  in  part  recited  indenture  of  leafe,  or  his  being  exe- 
cutor as  aforefaid,  or  by  any  other  ways  or  means  whatfo- 
ever :  And  the  faid  E.  F.  for  himfelf.  his  heirs,  executors 
and  adminiftrators,  dolhcovcnant,  promife,  grant  and  agree, 
to  and  with  the  faid  J.  K.  his  heirs  and  afligns,  and  every 
of  them  by  thefe  prefents,  that  he  tlie  faid  E.  F.  now 
hath  in  himfelf  good  right,  full  power  and  lavvful  authority 
to  grant  and  aflign  the  faid  melTuage  or  tenement  and  pre- 
mifes,  and  every  part  and  parcel  thereof,  with  the  appur- 
tenances, unto  the  faid  J.  K.  his  executors,  adminiftrators 
and  afligns,  in  manner  aforefaid  :  And  alfo  that  he  the  faid 
y.  K.  his  executors,  admialftrators  and  afligns,  paying  th« 
rent,  and  performing  the  covenants,  provifoes,  conditions 
and  agreements  in  and  by  the  faid  in  part  recited  indenture 
of  leafe  referved,  mentioned  and  contained,  ftiail  and  may 
from  time  to  time,  and  at  all  times  hereafter,  for  and  duriifg 
&11  the  reft,  refiduc  and  remainder,  yet  to  come  and  unex- 
K  pircd, 


1  IQ 


pired,  of  the  faid  term  of  herein  before  granted  and 
aiTigned,  as  aforefaid,  peaceably  and  quietly  have,  hold, 
occupy,  pofTcfs  and  enjoy  the  faid  mefluage  or  tenement; 
and  premifcs  hereby  granted  and  afligntd,  and  every  part 
and  parcel  thereof,  with  the  appuitenances,  without  the 
let,  luit,  trouble,  moleftation,  interruption,  evidlion  or  dif- 
turbance  of  him  tlie  faid  E.  F.  his  executors,  admin idra- 
tors  or  afiigns,  or  any  other  peifon  or  perfons  lawfully 
<'lairoing,  or  to  claim  the'faid  premifes,  or  any  part  there- 
of, by,  from  or  under  him,  them  or  any  of  them,  or  by 
his  or  their  means  or  procurement  :  And  further,  that  he 
the  faid  E-  F.  his  executors,  adminiftratois  and  afligns, 
and  all  and  every  other  perfon  and  perfons  having,  or  lavir- 
fully  claiming  any  eftate,  right,  title  or  intereft  in  the  faid 
hereby  granted  and  afligned  premifes,  or  any  part  thereof, 
fliall  and  will  from  time  to  time,  and  at  all  times  hereafter, 
upon  the  requeft,  snd  at  the  proper  cofts  and  charges  i^ 
the  law  of  the  faid  jf.  K,  his  executors,  adminiftrators  or 
alSgns,  make,  do  and  execute,  or  caufe  to  be  made,  done 
and  executed,  all  and  every  fuch  further  and  other  lawful 
and  rcafonable  aft  and  afts,  thing  and  things,  affurance  and 
aflurances  in  the  law  whatfoever,  for  che  further,  better  and 
more  perfeft  granting,  afligning  and  affuring  of  the  faid 
premifes  above  mentioned,  with  the  appurtenances,  unto  the 
faid  J.  K.  his  executors,  adminikrators  and  alTigns,  for  and 
during  all  the  reft,  refidue  and  rci^iainder,  yet  to  come  and 
unexpired,  of  the  faid  term  of  hereby  granted  and 

alTigned  as  aforefaicl,  as  by  the  faid  y.  K.  his  executors, 
adminiftrators  or  affigns,  or  his  or  their  counfel  learned  ia 
the  law,  (hall  be  reafonably  advifed,  devifed  and  required. 
In  witnefs,  Is'c, 

Uote — If  the  affignmcnt  be  to  be  made  by  an  adminiftra- 
tor  or  adnfiiniftratrix,  that  is  to  fay  a  man  or  woman,  wha 
being  next  of  kin  to  the  deceafed  leftec,"  or  otherwife,  ob- 
tains letters  of  adininiftrdlion  to  Lis  effefts,  arid  other  hie 
perfonal  eftate,  for  want  of  his  having  made  a  will  ;  or 
where  the  exccuto.ftiip  to  a  will  is  renounced,  you  muft. 
then,  inftead  of  faying  executor,  &c.  as  in  the  beginning 
of  the  above  afiignment,  write  adminiftratcr  [5k/  if  a  tvo- 
pian,  adminiftratrlx]  of  the  goods  and  chattels,  rights  an^r 
prcdit*  of  G.  H,  of       dtceafed.  Ajtgr.ment 


yifigrments.  1  it 

Ajfignment  of  a  Mortgage. 

TO  all  people  to  whom  thefe  prefents  fhall  come.  I  C.  Z>. 
of       &c.  fend  greeting. 
H^bereas  A.  B.  of       on  the       (Jay  of       by  his  deed 
of  mortgage  of  that  date,  for  the  conlideration  of  did 
grant,  bargain,  fell  and  convey  unto  me  the  faid  C.  D.  my 
teirs  and  affigns,  (here  recite  the  pre.nifes)  To  have  and  to 
hold  the  fame  to  me  the  faid  C  D  my  heirs  and  affigns  for- 
jtver,  upon  the  conditions  hereafter  mentioned,  viz.  That 
be  the  faid  A.  B.  ftiould  pay,  &c.  (here  infert  the  condi- 
tion) And  whereas  i  have  agreed  to  afiign  the  faid  mort- 
gage to  W.  S.  of        Therefore  inoiv  ye.    That   I  the 
faid  C.  D.  in  confideration  of  the  fum  of       to  me  in 
hand  paid  before  ilie  enfealing  hereof,  by  the  faid  IV.  S.  do 
ty  thefe  prefents,  grant,  bargain,  fell,  transfer,  affign  and 
make  over  unto  the  faid  IV.  S.  his  heirs  and  affigns  for  ever, 
the  faid  (prem'ifis)  To  have  and  to  hold  the  fame  to  him 
the  faid  W.  S   his  heirs  and  affigns  for  ever,  as  fully  and  in 
ss  ample  a  manner  as  I  the  faid  C.  D.  my  heirs  or  affigns 
might  hold  and  enjoy  the  fame  by  virtue  of  the  mortgage 
deed  aforcfaid,  and  not  otherwife.    And  I  do  for  myfclf, 
my  heirs,  executors  and  adminiftrators,  hereby  aulhorife 
and  empower  the  faid  IV.  S.  his  heirs,  ex''cutors  and  ad- 
miniftrators, to  receive  to  his  and  their  own  ufe  the  fum  or 
fums  mentioned  in  the  condition  of  fsid  deed,  whenever 
the  fame  fliall  be  tendered  or  paid  to  him  or  them  by  the 
faid  ./i.  B.  his  heirs,  executors  or  adminillratois,  agreeably 
thereto,  and  to  difcharge  the  faid  mortgage,  or  to  take  and 
purfue  fuch  other  fteps  and  means  for  recovery  of  the  faid 
fum  or  fums,  with  the  intereft,  by  fale  of  the  faid  mortga- 
ged premifes  or  otherv.'ife,  as  by  law  is  piovided,  as  fully 
to  all  intents  and  purpofcs  as  I  the  faid  C.  D.  my  heirs,  ex- 
ecutors or  adminirtrators,  might  or  could  da  in  the  premifes. 
And  I  do  for  myfelf,  my  heirs,  executors  and  adminiftra- 
tors, covenant  with  the  faid  IV,  S.  his  heirs  and  affigns,  tha 
I  have  good  right  to  nffign  the  faid  (premifes)  as  aforefaid, 
and  that  he  the  faid  IV.  S.  (lull  and  may  have,  hold,  occu- 
py) pcffcfs  and  enjoy  the  fame  (fubjed  however  to  the 
right  of  redemption  as  by  law  in  fuch  cafes  is  provided) 
againft  the  lawful  claim  of  all  perfons.    In  uu'itnifsi  isfc. 

j^ffignment 


112 


jfjfignmtnts. 


jljfignmcnt  of  a  Man's  ivhole  EJlate,  in  confid- 
eration  of  fever  al  Debts  and  Engagements. 

TO  all  to  whom  there  jircfents  (ball  come,  I  A.  B.  of 
ferd  greeting.  IJ'hcreas  I  am  indebted  unto  C.  D.  of 
in  the  fum  of  of  lawful  money  of  and  the  faid 
CD.  and  one  E.F,  of  (land  jointly  and  feveraily  engaged 
for  me  the  faid  A:  B.  in  feveral  bonds  or  obligations  for  fev- 
eral  fums  of  money  :  New  knoivye,  That  I  the  fsid  A.  B.  for 
and  towards  the  paj  ment  and  fatisfaftion  of  the  faid  monies, 
and  for  divei-s  other  good  caufes  and  confideraiions  me  there- 
unto moving,  f.'a've  granted,  alfigned,  bargained  and  fold,  and 
by  thefe  prefcnts  clo  freely  and  abfolutely  grant,  afTign,  bargain 
and  fell  unto  the  faid  C.  D.  and  E.  F.  all  and  all  manner  of 
goods,  chattels,  debts,  monies  and  all  other  things  of  me  the 
faid  A.  B.  whatfoever,  as  well  real  as  perfonal,  of  what  kind, 
rature  or  quality  foever ;  To  ha've  and  to  hold  the  fame,  and 
every  part  and  parcel  thereof,  unto  them  the  faid  C.  D.  and 
E.  F.  their  executors,  adminiftrators  and  affigns  for  ever. 
In  riUitne/Sf&C, 


jifpigmnent  of  a  Mortgage  of  a   Term  of 
Tear  Si 

THIS  Indenture,  made  between  A.  B.  of  of 

the  one  part,  and  C.  D.  of  of  the  other  part. 

Whereas  by  his  indenture  bearing  date  the       (and  Jo 

recite  the  mortgage )  as  in  and  by  the  faid  indenture,  reterence 
being  thereunto  had,  rnsy  more  fully  appear ;  which  faid 
fum  of  or  any  part  thereof,  was  not  paid  or  tendered  to 
or  for  the  faid  A.  B.  at  the  day  in  the  ptovifo  of  redemp- 
tion limited  for  payment  thereof,  and  yet  rcmaineth  unpaidj 
by  reafon  whcieof  the  fnd  melfuage  and  other  premifes,  and 
the  whole  eftate,  right,  title  and  intereft  of  the  faid  C.  D- 
in  and  to  the  fame  became  forfeited  unto  the  faid  A.  B.  and  he 
thereby  was  and  now  is  lawfully  intcrefled  and  poflcfT^rd  in 
ar.d  ofthefai;'  premifes,  and  of  and  in  every  part  thereof, 
duiiiig  the  refidue  of  the  tera>  of  years  which  then  were  and 
Tiow  are  to  come  and  unexpired,  in  and  by  the  faid  indenture 
of  demife  above  mentioned,  granted  to  the  faid  CD.  Nouu 
this  indimun  wlneJTeth,  That  the  faid  C  D,  for  and  in  con- 

iideratsoa 


jijftgnmentt. 


fijeration  of  the  fum  of  to  him  in  hand  pr.Id,  the  receipt, 
&c.  \^See  ajpgnmertt  of  lea/e'\  hatli,  &c.  all  the  faid  menuage, 
tenement  jnd  preinifes,  wiih  rhc  appurtenances  whacfoeveriia 
and  by  the  faid  indenture  of  demi(e  granted  to  the  faid  /I. 
B.  asaforefaid  ;  and  aifo  all  the  eilaie,  &c.  by  virtue  of 
the  faid  reciied  indenture  of  mortgage  or  alFignment  above 
mited,  or  of  any  thing  therein  meiitioned  or  contained,  to- 
gether with  the  faid  indenture  of  mortgage  or  demife  afore- 
faid  ;  and  all  other  writings  r-lating  to  or  concerning  the 
fame:  To  have  and  to  hold  [a/  in  the  ajjiynment  of  a  leafe^ 
by  force  and  virtue  ot  the  faid  recited  indenture  of  leafe,  or 
the  faid  indenture  of  mortgage  aforefaid,  or  either  of  thera,o< 
any  thing  therein  tnentioned  or  exprvMied,  or  otherwife  how- 
Ibever,  (  idd  a  covenant  for  df charge  of  tncumbrances.  Sec. J 
In  witnef«,  &c. 


A[fignment  of  a  Mejfuage  for  a  srm  of 
Tears  by  way  of  Indorfment^  and  of  a  Bond 
for  Payment  of  the  mortgage  Money,  and  for 
performance  of  Covenants,  uvitb  a  Letter  of 
Attorney. 

KNOW  all  men  by  thefe  prefents,  that  I  the  within  nam- 
ed A.  B.  in  confideraiion  of  of  lawful  money  of 
to  roe  in  band  paid  by  C.  D.  of  the  receipt,  &c.  and 
for  divcti  other  gnod  caufes  and  conGderations  me  hereunto 
efpecially  moving,  have  bargained,  fold,  adigned,  and  let 
over  &c.  and  by  thefe  prefents,  do  bargain,  &c.  unto  the 
faid  C.  D.  his  executors,  adminiftrators  and  alTigns,  all,  &c. 
the  iviibin  indenture  of  demife,  and  premifes  thereby  granteti 
and  dcmifed,  or  mentioned  or  intended  fo  to  be,  and  every 
part  thereof,  with  the  appartenances ;  and  ali  my  eftate,  right, 
title,  intereft,  term  of  years  to  come,  properiy,  claim  and 
d«raand  whatfoever,  either  in  law  or  equity,  o^  in  or  to  the 
fame  or  any  part  thereof;  And  alfo  one  bond  or  obligation 
bearing  even  date  with  the  within  indenture  whereby  the 
Within  named  E.  F.  became  bound  to  me  in  the  penal  fum  of 
conditioned  for  the  payment  of  within  mentioned 
8f  <3  for  the  true  performance  of  the  fevera!  covenants  in  the 
within  indenture  menlioned,  and  all  and  every  fum  and  fuma 
Kz  of 


114 


Defeafances, 


of  money  due,  or  to  grow  due  thereon  :  To  have  and  to  hold 
the  faid  feveral,  &c.  and  premifes  by  the  within  indenture 
granted  and  demifed,  with  their  appurtenances,  unto  the  faid 
C.  D.  his  executors,  adminiftratois  and  alTigns,  from  hence- 
forth, for  and  during  the  lefidue  and  remainder  now  to  come 
and  unexpired  of  the  within  term  of  years,  fubjeft  to  the 
provifo  within  contained;  and  to  have,  receive  and  take  all 
and  every  fam  and  fumsof  money  due  or  to  grow  due  upon 
the  faid  bond  to  the  faid  C.  D.  his  executors,  adminiftrators 
and  afligns,  to  his  and  their  own  proper  ufe  and  behoof ;  and 
I  the  faid  A.  B.  do  hereby  make  the  faid  C.  D.  his  execu- 
tors adminiilrators  and  afl.igns,  my  true  and  lawful  attorney 
and  attornies,  \as  in  the  letter  of  attorney  in  the  afsig'i'aeut  of 
a  bond  mutatis  mutandis]  And  I  the  faid  li.  B.  do  hereby 
lor  myfelf,  my  heirs,  executors  and  adminiftrators,  covenant, 
&c.  Ihat  the  mortgagt  is  not  incumbered',  8ic.  In  witnefs,  &c. 


Of  DEFEASANCES. 


A DEFEASANCE  is  an  inflrument  making  a  deed, 
execultd  before  and  made  abfolute,  on  certain  con- 
ditions void,  Co.  Lit.  236.  but  is  now  feldom  ufed  that 
way  ;  a  provifo  in  the  deed  itfelf,  as  in  mortgages,  &c.  fuf- 
ficitiitly  anfwering  the  ends  of  a  deftafance.  Obligations, 
rtcngiiifances,  judgments,  &c.  are  moft  commonly  the  fub. 
jed  matter  of  ihcfe  inftruments. 


/f  Deftafance  of  a  Bond  and  Judgment. 

THIS  Indenture  made  between  A.  B.  of 

of  the  one  p.  rt,  and  C.  D.  of  of  the  other  part. 

Whereas  Cat  faid  C.  J),  in  and  by  one  bond  or  obligation, 
btarmg  date  doth  ftand  firmly  bound  unto  the  faid 

^.  B.  in  the  penal  fum  of  of  lawful  money 

conditioned  for  the  payment  of  the  fum  of  of  like 

lawful  money,  on  as  in  and  by  the  faid  part  recited 

bond  or  obligaiioo,  with  the  condition  there  undctwritten, 

may 


Surrenders  ly  Deedi, 


•«ay  more  fully  appear  ;  And  tvhereas  the  fald  A.  B.  as  a 
collateral  or  further  fecurit)  for  the  payment  of  the  faid  fum 
of  according  to  the  tenor  of  the  faid  in  part  leciced 

bonder  obligation,  in      term  laft,  in  the      court  of  at 
obtained  and  recovered  againft  the  faid  C.  D.  one 
judgment  of  dollars  debt,  befides  cods  of  fuit,  as  by 

the  records  of  the  faid  court  appeareth  :  Notv  this  indenture 
viitnejfeth.  That  it  is  agreed  by  and  between  the  faid  parties 
to  thefe  prefents,  and  the  faiJ  /I.  B.  doth  for  himfeif,  his 
heirs,  executors  and  adminiftrators,  covenant,  grant,  promifc 
and  agree,  to  and  with  the  faid  C.  D.  his  executota  and  ad- 
miniftrators, by  thefe  prefents,  that  if  the  faid  CZ).  his  heirs, 
executors  cr  adminiftrators,  fhall  well  and  truly  pay  or  caufe 
to  be  paid  unto  the  laid  A.  B.  his  executors,  adminiftrators 
oraffigns,  the  afortfaid  fum  of  at  the  days  and  times 

above  mentioned,  in  difcharge  of  the  faid  in  part  recited 
bond  or  obligation,  that  then  he  the  faid  A.  B.  his  execu- 
tors, adminiftrators  or  afligns,  ftiall  and  will,  after  fuch  pay- 
ment made,  at  the  reqneft  and  at  the  proper  cofts  and  charges 
in  the  law  of  the  faid  C.  D.  his  executors  or  adminiftrators, 
in  due  form  of  law,  acknowledge  fatisfaftion  upon  record  of 
and  for  the  faid  judgment :  And  that  the  faid  A.  B.  his  ex- 
ecutors, adminiftrators  or  afligns,  fliall  not,  before  default 
be  made  in  payment,  as  aforcfaid,  fue  forth  or  take  out  any 
writ  or  procefs  of  execution  againft  the  faid  C.  D.  his  heirs, 
executors  or  adminiftrators,  or  his  or  their  lands,  tenements, 
goods  or  chattels,  or  any  of  theno,  by  or  upon  the  faid  judg- 
ment. 

Sealed,  Sec. 


Of  SURRENDERS  by  DEEDS. 


A SURRENDER  by  deed  is  the  yielding  up  of  an  ef- 
tate  for  life  or  years  to  him  who  is  next  in  reverfion  or 
remainder  whereby  the  eftate  for  life  or  years  may  be  drawn 
by  mutual  agreement  between  the  parties. 

To  make  a  good  furrender  by  deed,  thefe  things  are  re- 
quired, viz.  that  the  furrcnderers  rauft  have  an  eftate  in  poffef- 

iion 


Il6  Surrenders  by  Deedi. 

fion  ia  the  land,  Zee.  furrendered  ;  the  furrenderer  mtift  be 
made  to  liim  that  hath  the  next  eftate  in  remainder  or  rc- 
verfion,  without  any  eftate  coming  between  :  and  the  fur- 
renderee  muft  have  a  greater  eftate  in  his  own  light,  in  the 
thing  furrendered,  than  the  furrenderer.    Co.  Lit,  338. 


A  Deed  of  Surrender  to  a  Per/on  having  the 

Rcverjion  in  Fee. 

KNOW  all  men  by  thefe  prefents,  that  I  A.  B.  of  for 
antf  in  confideration  of  the  fumof  to  me  in  hand 
paid  by  C.  D.  of  the  receipt  whereof  I  do  hereby  ac- 
knowledge, ha-ve  granted  and  furrendered,  and  by  thefe  pref- 
ents,  do  grant  and  furrender  unto  the  faid  C.  D.  his  heirs 
and  afiigns,  all  t\izt  itiefTuage  \^Here  defcribe  the premi' 

fes~\  and  the  rcverfion  and  revdfions,  remainder  and  remain* 
ders,  rents,  ilTuesand  profits  of  all  and  fingularthe  faid  pre- 
mifes  :  To  have  and  to  hold  the  faid  meffuagc,  &c.  and  all  and 
£ngular  other  the  premifes  above  granted  and  furrendered, 
and  every  part  and  parcel  thereof,  with  the  appurtenances,' 
unto  the  faid  C,  D.  his  heirs  and  a(Iignf,to  the  only  p;oper 
Hfe  and  behoof  of  him  the  faid  C.  D.  his  heirs  and  alTigns 
forever. 

In  wttneft,  ice. 


A  Surrender  of  a  Tervt  of  Tears. 

KNOW  all  men  by  thefe  preft  nts,  that  whereas  I  A.  B. 
of  am  pofTeffed  of  and  intetefted  in  one  nr.c{ruage, 
he.  the  remainder  of  a  certain  term  of  years,  the  re« 
verfion  whereof  doth  belong  to  C.  D.  of  Now  know 
ye,  that  I  the  faid  A.  B.  for  and  rn  confideration  of  the 
fum  of  of  lawful  money  of  to  me  in  hand  well  and 
truly  paid  by  the  faid  C.  I),  at  or  before  the  ftaling  and 
delivery  of  thefe  prefents,  the  receipt  whereof  I  the  faid 
j1  B.  do  hereby  acknowledge,  have  granted,  furrendered 
and  yielded  up,  and  by  thefe  prefents,  do  grant,  furrender 
and  yield  up,  unto  the  faid  C.  D.  his  heirs  and  afligns  for 
ever,  the  faid  meffuage,  &c.  above  mentioned,  and  all  the 
.<ftate,  right,  tivle,  claim  and  demand  whatfoever  of  m« 


Surrenders  ly  Deeds. 


the  faid  A.  B.  of,  in  and  to  the  faid  premifes,  and  every 
part  thereof,  with  the  appurtenances,  fo  that  neither  I  the 
faid  A.  B.  my  c«ecutor3,  admiiiiilrators  or  affigns,  or  any 
of  them,  (hall  or  may  have,  claim,  challenge  or  demand 
the  faid  premifes,  or  any  part  thereof,  or  any  eltate,  right, 
title  or  intercft,  of,  in  or  to  the  fame  ;  but  (hall  and  will  at 
all  times  heieafter,  of  and  from  all  right,  title  and  intereft, 
of  and  in  the  faid  premifes,  and  every  part  thsreofj  be  bar- 
red and  for  ever  excluded  by  thcfe  prefents  :  And  I  the 
faid  A.  B.  for  myfelf,  my  heirs,  executors  and  adminiftra. 
tors,  do  hereby  covenant,  grant,  pronnife  and  agree  to  and 
with  the  faid  C.  D.  his  heirs  and  afiigns,  that  he  the  faid 
C.  D.  his  heirs  and  pfligns,  (hall  and  may  at  all  times  here- 
after, peaceably  and  quietly  enter  into,  have,  hold,  ufe, 
occupy,  poffefs  and  enjoy  all  and  fiiigular  the  faid  prcmifcd 
above  mentioned,  and  every  pan  theitof,  with  the  appur- 
tenances, without  the  lawful  let,  fuit,  trouble,  hind/ioce, 
moIeRation,  interruption  or  difturbance  of  me  the  faid  A.  B» 
my  executors,  adminiftrators  or  afligns,  or  of  any  other 
perfon  or  perfons  claiming  under  me,  them  or  any  of  them. 
In  luitrie/s,  i^c, 

A  Surrender  or  Declaration  of  T ruji  on  a  mort"- 
gaged  Term. 

WHEREAS  in  and  by  one  indenture  of  demife,  or 
bargain  and  fale,  bearing  date  made  or  mention- 
ed to  be  made  between  A.  B.  of  of  the  one  part,  and 
G,  D.  of  of  the  other  part,  the  fdid  A.  B.  for  the 
confideratlons  therein  mentioned,  did  demife,  grant,  bar- 
gain and  fell  unto  the  faid  C.  D-  his  executors,  adminif- 
trators and  afligns,  all  thofe  men"uage3,  &c.  {_Here  defcribe 
the premlfii  moiigaged^  to  hold  unto  the  faid  C,  D.  his  ex- 
ecutors, adminiftrators  and  afligns,  for  the  term  of  years 
fiom  thenceforth  next  enfuing  :  In  which  faid  indenture 
was  contained  a  provifo  or  condition  to  make  the  fame  de- 
fcafible  and  void  on  payment  by  the  faid  A.  B.  to  the  faid 
C.  D.  of  the  fum  of  of  lawful  money,  &c.  wi  h  legal 
intereft  for  the  fame,  at  a  certain  day  therein  particularly 
mentioned,  as  in  and  by  the  faid  indenture  of  demife  or 

mortgage, 


Surrenders  hy  Deeds, 


mortgage,  relation  being  thereunto  had,  may  more  fully  and 
at  large  appear  :  Now  know  all  men  by  thefe  prefents,  that  I 
the  faid  C.  D.  do  hereby  fignify  and  declaie,  tliat  the  faii 
fum  of  fo  fccured  to  be  piiid  and  payable  out  of  the  faid 
mortgaged  premifes,  as  aforefaid,  are  the  proper  monies  of 
E.  F.  of  and  that  the  name  of  me  the  faid  C.  D.  wat 

CMily  ufcd  in  truft  tor  the  benefit  and  bihoof  of  the  faid  E.  F, 
his  eicifcutors,  adminiftrators  and  affigns,  in  the  above  in  part 
recited  indenture  of  dcmife  or  mortgage,  and  the'efore  in 
difchargc  of  the  faid  truft  in  me  repofed,  as  aforefaid,  I  the 
faid  C.  I),  have,  at  the  rtqueft  of  the  faid  E.  F.  furrender- 
ed,  afiigned  and  fet  over,  and  by  thefe  prefenta,  do  grant, 
bargain,  fell  affij.'n  and  let  over  unto  the  faid  E.  F.  his  ex- 
ecutors, adminillrators  and  afligna,  all  the  ellate,  right,  ti- 
tle, inteteft,  ufe,  truft,  benefit,  claim  and  demand  whatfoev- 
er,  which  I  the  faid*^7.  D.  have,  or  may  have  or  claim  of» 
in  or  to  the  faid  nielTiiages,  <kc.  and  other  the  premifes,  in 
end  by  the  faid  in  part  recited  Indenture  of  demife  or  mort- 
gage, granted  to  me  as  aforefaid,  or  of  or  in  any  matter  of 
thing  in  the  faid  indenture  mentioned  or  contained  ;  fo  that 
neither  I  the  faid  C.  D.  my  executors,  adminiftrators  or  al''' 
figns,  or  any  of  us,  at  any  tim€  hereafter,  ftiall  or  will  a/k, 
demand,  claim  or  challenge,  any  intereft,  benefit,  truft  or 
privilege,  in  any  tefpedt  or  manner  whatfotver,  in  or  to  the 
faid  above  furrendtred  and  afiigned  premifes,  or  any  part 
thereof,  by  rtafon,  colour  or  means  of  the  faid  in  part  reci- 
ted indenture  of  demife  or  mortgage,  or  any  covenant,  pro- 
tlfo,  matter  or  thing  therein  contained,  or  cthervrife  how. 
foever  :  but  thereof  and  therefrom,  and  of  and  from  all  ac- 
tions, fuits  and  demands  whatfoever,  which  I,  my  execu- 
tors, adminiftrators  or  iifGgns,  or  any  of  us,  may  have  con- 
cerning the  fa  me,  (hall  be  wholly  and  entirely  debarred* 
In  vu'Unefs,  i^c. 


A  Declaration  of  a  Truji  on  a  mortgaged  Term, 
without  Surrender. 

WHEREAS  in  and  by  one  indenture  of  demife  or  mort- 
gage, bearing  date       and  made  or  mentioned  to  be 
made  between  ^.  B.  of        of  the  one  part,  and  C.  D.  of 

of 


Surrenden  by  Deeds. 


of  the  other  part,  the  faid  A  B.  for  and  in  confidera- 
lion  of  looo  dolB.  of  lawful  money  therein  mentioned  to 
be  paid  by  the  faid  C.  D.  to  the  faid  A.  B.  did  demife,  &c. 
\_Here  go  on  and  recite  the  mortgage  as  in  the  /aji  furrender-l 
lo  hold  for  a  long  term  of  years,  defeafible  on  repaynnent  by 
the  faid  B.  to  the  faid  C-  D.  of  the  faid  lOOO  dols.  with, 
inteteft  on  certain  days  therein  mentioned,  as  in  and  by  the 
faid  indenture  may  more  fully  appear  :  Now  know  all  men, 
by  thtfe  ptefents,  that  1  the  faid  C  D.  do  heitby  fignify 
and  declare  that  300  dols.  part  of  the  faid  1000  dels,  are  the 
proper  monies  of  E,  F.  of  and  zco  dols.  more,  other  part 
pf  the  faid  principal  fum,  are  the  proper  monies  of  G.  H.  of 

And  therefore  the  faid  C.  D.  doth  hereby  declare,  grant 
and  agree,  that  he  the  faid  C.  D.  his  executors  and  admiri- 
iftrators,  (hall  and  will  from  hencefoitii  Hand  poffeffed  of, 
and  interelted  in  the  faid  mortgage  and  morigaged  premi- 
fes,  and  every  part  thereof,  in  truft,  as  well  for  fecuring  the 
payment  of  the  faid  fum  of  300  dols.  and  interell  to  the  faid 
E.  F,  his  executors,  adminiftrators  and  affigns,  and  the  faid 
fum  of  200  dols.  and  intcrtft  to  the  faid  G.  H.  his  executois, 
adminiltrators  and  affigns,  as  for  fecuring  the  re  payment 
of  the  other  500  dols  and  intereft  to  him  the  faid  C.  D.  his 
executors,  adminiltrators  and  alfigns  :  And  that'neither  he 
the  faid  C.  D.  his  executors  nor  adminiftrators,  fhall  or 
will  aflig'i,  or  in  any  wife  vacate  the  faid  mortgage,  or  re- 
leafe  ihe  monies  thereby  fecured,  until  the  laid  E.  F.  fhall 
be  fully  paid  and  fatislied  the  faid  300  dols.  and  intereft,  and 
the  faid  G.  //.  (hall  alfo  be  fully  paid  and  fatiiiied  his  200 
4ol6.  and  intereft.    In  iviine/s,  ijfc. 


A  Declaration  of  Truft  by  way  of  ■ijjignment. 

THIS  indenture  made  between .5.  of  ofthe 
one  part,  and  C.  D.  of  of  the  other  part.  Wliereat 
and  by  one  indenture,  &c.  \_Here  recite  ihf  mortgage  hafe  as 
in  the  foregoing.]  Nov)  this  indenture  'witnejcth,  that  the 
faid  A.  B.  doth  hereby  acknowledge  and  declare,  that  the 
lum  of  in  the  faid  in  part  re.:iced  indentus-c  of  mortgage 
mentioRcd,  was  all  the  proper  money  of  the  faid  C.  Z).°aud 

not 


120 


Indenluret. 


■ot  any  part  thereof  the  money  of  the  faid  /i.  Bi  and  tha^ 
the  name  of  him  the  faid  A.  B.  was  ufetl  therein,  only  ir.truft 
for  the  faid  C.D>  hie  executors,  adminiftra'tors  and  afligns  : 
And  therefore  the  faid  /i.  B.  in  purfuance  of  the  truft  rcpofed 
in  him,  as  aforefaid,  by  the  faid  C.  D.  and  alfo  for  and  in  con- 
fideration  of  the  fum  of  one  dollar  to  him  in  hand  paid  by 
the  faid  C.  D.  on  or  before  the  fealing  and  delivery  of  thefc 
prcfenlSjthe  receipt  whereof  is  hereby  acknowledged,  hnlh 
gianted,  bargained,  fold,  afTigncd,  tranferrcd  and  fet  over, 
and  by  thefe  prefents,  do:h  grant,  bargain,  fell,  afligu,  tranf- 
fer  and  fet  over  unto  the  faid  C.  D.  his  executors,  adminif* 
ttators  and  afligns,  all  and  finguiar  the  faid  melTuages,  &C, 
and  premifes  before  mentioned,  in  and  by  the  faid  in  part 
recited  indenture  of  mortgage  grant  .-d,  with  their  and  eve- 
ery  of  their  afjpurtenance*  ;  and  alfo  all  the  eftate,  right, ti- 
tle, interert,  term  of  years,  property,  claim  and  demand  what- 
foever  of  him  the  laid  A-  B.  of,  in  or  to  the  faid  premiles, 
and  every  part  and  parcel  thereof,  together  with  the  faid  in 
part  recited  indenture  of  demife  or  mortgage  :  To  hanie  and 
to  hold  the  faid  nitffuage,  &c.  hereby  granted  and  affigned, 
or  mentioned  or  intended  fo  to  be,  unto  the  faid  C,  D.  his 
executors,  admiiiiftrators  and  afGgns,  for  and  during  all  fuch 
term  and  eftaie  as  he  the  faid  A.  B.  hath  or  ought  to  have 
therein.  And  the  faid  /I.  B.  for  himfelf,  his  heirs,  execu- 
tors and  admiriiftrators,  doth  covenant  andg'anf,  to  and  with 
the  faid  C-  D.  his  executors,  adminiibators  and  afligns,  that 
he  the  faid  A.  B.  hath  not  made,  committed,  afled  or  done, 
Oi'  caufed  or  procured  to  be  made,  committed,  adtcd  or  done, 
any  aft,  matter  or  thing,  whereby  or  by  leafon  or  means 
whereof  the  faid  mcfTuages,  &c.  and  premifes  or  any  part 
thereof,  are,  may  or  can  be  charged  or  incumbered  in  title, 
charge,  eftate  or  otherwili:  howfocvcr. 
In  ivitiiefs,  &c. 


Of  INDENTURES. 


WHERE  a  deed  begins,  This  Indenture,  it  muft  aftu- 
ally  be  indented,  that  is  to  fa;',  cue  or  fcolloped  at 

the 


Indenture!. 


121 


<he  top,  oth«rw5(e  it  will  be  a  deed  poll ;  for  it  is  not  the 
words,  This  Jndevture,  but  the  indenting  of  the  parchment  or 
paper,  that  makes  it  an  indenture.  Wood's  Irtft.-i'^b.  i  Inji.  1 43. 

The  difference  between  indentures  and  deeds  poll  is,  that 
in  the  latter,  the  words  {hall  be  molt  ftrongly  taken  againft 
the  grantor  :  bat  in  the  former,  the  words  are  to  be  taken 
according  to  the  intent  of  both  parties,  the  grantor  znd  grantee  : 
For  this  reafon,  whete  both  parties  are  intended  to  be  con- 
cluded, it  feems  highly  ncceffary  to  turn  deeds  poll  into  in- 
dentures, which  is  eafily  done,  by  obferving  the  different 
forms  of  ihofe  inftruments,  and  indenting  ihem  as  above  di- 
refled.  A  deed  may  confift  of  feveral  parts,  as  two,  three, 
four,  fii-e,  fix,  &c.  which  formerly  were  written  bipartitet 
trtpart'ttet  quadrifaritle,  qu'tK^uapartite)  fext'ipariiley  &c. 


A  Ccvmon  Indenture  of  Apprentice/kip. 

THIS  Indenture, made  the       day  of       in  the  year  of 
our  Lord       witneiTeth,  that  A.  B.  fan  of  C.  D.  aged 
years       months       days,  by  and  with  the  confent  of 
the  faid  C.  D.  his  father,  of  hath,  of  his  own  free  and 

voluntary  w  ill,  placed  and  bound  himfelf  apprentice  unto  E.Fi 
of  blackfmith,  to  learn  the  faid  trade,  myftery  or  oc- 

cupation sf  a  blackfmith,  -.vhich  he  the  faid  E.  F.  now  ufeth, 
and  with  him  as  an  apprentice  to  dwell,  continue  and  ferve 
from  the  day  of  the  date  hereof,  unto  the  (bll  end  and  term 
of  from  thence  next  enfuing,  and  fully  to  be  complete 
and  ended  ;  during  all  which  term  of  years,  the  faid 
apprentice  his  faid  mafter  well  and  faitbrully  fhall  ferve,  his 
fecrets  keep,  his  lawful  commands  gladly  dp  and  obey  ;  hurt 
to  his  faid  maffer  he  (hall  not  do,  nor  wilfully  fuffer  to  be 
done  b)'  others,  but  of  the  fame,  to  the  utmoft  of  his  power, 
fhall  forthwith  give  notice  to  his  faid  mafter  j  the  goods  of 
his'faid  mafter  he  (hall  not  embezzle  or  wafte,  nor  them  lend, 
without  his  confent,  to  any  ;  at  cards,  dice  or  any  other  un- 
lawful games,  he  (hall  net  play  ;  taverns  or  ale  houfes  he  (hall 
not  frequent  ;  fornication  he  (hall  not  commit,  matrimony 
be  (hall  not  contrail  ;  from  the  fervice  of  his  faid  mafter  he 
(hall  not  at  any  time  depart  or  abfent  himfelf,  without  his 
faid  maftcr's  leave  ;  but  in  all  things,  as  a  good  and  faithful 
appieotice,  (hall  aad  will  demean  and  behave  himfelf  towards 
L  his 


|23 


InJtnlura, 


his  faid  mafter,  and  all  h\%,  during  the  laid  term.  And  the 
faid  mafter,  [in  confideration  of  the  fiim  of  of  lawful 
money  of  to  him  in  hand  paid  by  his  faid  apprentice]  in 
the  faid  trade,  myftery  ot  occupation  of  a  blsckfmith,  whicf> 
he  now  ufeth,  with  all  things  thereunto  belonging,  (hall  and 
will  teach,  inftrofl,  or  caufe  to  be  well  and  fufficiently  taught 
and  inftruded,  after  the  belt  way  and  manner  he  can,  and  feall 
and  will  alfo  6iid  and  allow  unto  his  faid  apprentice  meati 
drink,  wafhing,  lodging  and  apparel,  both  linen  and  woollen* 
and  all  other  neceffaries  fit  and  convenient  for  fuch  an  ap< 
prentice  during  the  term  aforefaid  [and  alfo  (hall  for  the  fpace 
of  n^onths  in  each  year,  during  the  faid  term,  put  the 

faid  apprentice  to  fome  good  Englilh  fchool,  to  be  inftruftcd 
in  reading,  waiting  and  arithmatic]  In  niisne/s,  Sec. 


Sotne  necejfary  Obfervations  in  Relation  to  In." 
dentures  of  Appreniiceftnp. 

IF  any  money  be  contraifted  for  or  given  with  any  clerk 
or  apprentice,  fuch  confideratioa  mu(t  be  expreWy  in- 
ferted  in  the  indenture. 

No  mafter  or  miftrefs  (hall  compel  any  apprentice  or  jour- 
neyman, by  oath  or  bond  not  to  exercifc  his  trade  after  hij 
term  expired  on  pain  of  forfeiting  ^^•40  for  each  offence  ; 
the  one  half  to  the  people  of  this  (tiite,  and  the  other  half  to 
fuch  peifon  as  will  profecute  for  the  fame.  And  any  bond, 
or  other  fecurity  fo  given  to  be  utterly  void.  See  Laws  of 
Mew- York  ii  fcff.  ch,  13.  \  I.  And, 

By  feft.  :?d  of  the  fame  aft,  apprentices  may  be  bound  to 
ferve  until  21  years  of  age  ;  with  a  provifo  in  the  fame  fec- 
tion  that  no  child  of  any  Indian  woman  (hall  be  bound  ap- 
prentice except  in  the  prefcn  e,  and  with  the  confentof'a 
juftice  of  the  peace,  a  certificate  of  fuch  confent  to  be  figne4 
by  fuch  juilice,  and  filed  with  the  clerk  of  the  town  or  plac« 
where  the  indenture  is  executed. 

So  by  feft.  3d  of  the  fame  aft,  the  overfeers  of  the  poor  of 
any  city  or  town,  with  the  confent  of  any  two  jutticesof  the 
peace  of  the  fame  county,  refiding  in  or  near,  fuch  town  (or 
if  in  the  cities  of  New- York,  Albany  or  Hiidfon,  with  the 
confent  of  the  mayor,  recorder  and  aldermen,  or  any  two  of 
•>  them 


inJeniurfii 


t'.iem  may  bind  out  any  child  become  chargeable,  or  whofc 
parents  are  become  chargeable  to  the  city  or  town  wherein 
they  refpeAively  inhabit,  or  who  (hall  beg  alms,  tobe  appren. 
ticea  or  fervanu,  according  to  their  degree  and  ability, 
where  they  fhall  fee  convenient,  until  fuch  child,  if  male,  ftiall 
arrive  to  the  age  of  21  years  ;  if  female,  to  the  age  of  18 
years,  and  fuch  confent  fhould  be  certified  and  acknowledged 
by  the  faidjuftlces  either  at  the  foot,  or  on  the  back  of  the 
indenture,  which  indenture  may  be  in  the  following  form. 


Indenture  fcr  putting  out  a  Poor  Boy  an  Ap- 
prentice, 

'^"^HIS  Indenture,  made  witnefTeth,  that  A.  B.  and 
Jl.  C.  D,  overfeers  of  the  poor  of  the  town  of  in  the 
county  of  and  date  of  New-Yoik,  by  and  with  the  con- 
fent of,  &c.  two  of  the  juftices  of  the  peace  of  the  faid  coun- 
ty (or  if  of  either  of  the  cities  before  named,  fay  by 
wbofe  confent)  having  put  and  placed,  and  by  thefe  pre- 
fentsdo  put  and  place  L.  M.  a  poor  boy  of  the  faid  towa 
(or  city)  aged         appreniiccto  7.  K.  of  with  him 

to  dwell  and  ferve  from  the  day  of  the  date  of  thefe  pre- 
fents  until  the  faid  apprentice  (hall  accompli(h  the  full  age 
ef  twenty-one  years,  according  to  the  ftatute  in  that  cafe 
made  and  provided;  during  all  which  term  the  faid  appren- 
tice his  faid  mafter  faithfully  (hall  ferve  on  all  lawful  buG- 
DefTes,  according  to  his  power,  wit  and  ability  ;  and  (hall 
honeftly,  orderly  and  obediently  in  all  things  demean  andbe« 
have  biinielf  towards  his  faid  mafter,  and  all  hie,  during  the 
faid  term.  And  the  faid  J.  R.  for  himfelf,  his  cxecutora 
and  adminiftratofs,  doth  covenant  and  agree  to  and  with 
the  faid  overfeers  of  the  poor,  and  each  of  them,  their  and 
each  of  their  heirs,  executors  and  adminidrators,  and  their 
and  each  of  their  fucceflbrs,  for  the  time  being,  by  thefe  pre- 
fents,  that  he  the  faid  y.  R.  the  faid  apprentice  in  the  trade 
of  which  he  now  ufcth,  fhali  and  will  inftruft,  or  caufe 
tobe  tatfght  and  inftruftcd,  and  during  all  the  terra  afore- 
faid  find,  provide  and  allow  unto  the  faid  appientice  com- 
pttect  and  fufUcient  meat,  drink  and  apparel,  wa(hing, 

lodging, 


1J4 


Covenant/, 


lodging,  mending,  and  all  other  things  neceflary  and  fit  for 
an  apprentice  :  and  alfo  (hall  and  will  i'o  provide  for  the  faid 
apprentice  that  he  be  not  any  way  a  charge  to  the  town  (or 
city)  of  or  inhabitants  (or  citizens)  thereof  ;  but  of 
and  from  all  charge  fliall  fave  the  fald  town  (or  city  as  the 
cafe  may  be)  harmlcfs  and  indemnified  during  the  faid 
term  ;  and  at  the  end  of  the  faid  term  fliall  and  will  make, 
allow,  provide  and  deliver  unto  the  faid  apprentice,  one 
good  new  fuit  of  holy-day  clothes  of  the  value  of  at  leaft 
dols.  and  two  other  good  fuits  for  every  day  wear. 
In  •wilnefs,  Isfc. 

We  G  H.  and  /.  J.  efquires,  two  of  the  juftices  of  the 
peace,  for  the  caunly  of  aforefaid,  do  hereby  declare 
our  affent  to  the  putting  forth  of  the  aforefaid  L.  M.  ap- 
prentice to  the  faid  y.  R,  Exrcording  to  the  intent  and 
meaning  of  the  above  written  indenture.  In  witncfs  where- 
of v/e  have  hereunto  put  oar  hands  and  feals,  the  day  and 
year  in  the  above  indenture  firft  written. 


Of  COVENANTS. 


A COVENANT  is  an  agreement  that  ought  to  be  by 
both  parties  in  writing,  fealed  and  delivered.  It 
muft  be  for  performing  what  is  lawful  and  poflible,  other- 
wife  it  will  be  void.     Jacob's  DiS. 

All  covenants  muft,  as  to  time  and  place,  be  exaflly  per- 
formed  ;  and  no  caufe  of  aftion  can  arife  from  thence  till 
fome  breach  thereof.  liic/. 


ji  Covenant  Jor  Payment  of  Rent,  and  Perform- 
ance  of  Covenants  of  a  Leafe  ajjigned,  and  to 
Indemnify  the  Affignor  thereof^  to  be  inferted 
in  the  Alftgnment. 

AND  the  faid  C  D.  {Here  name  the  AJfigneel  for  hlna- 
felf,  his  heirs,  executors,  adminiftrators  and  afligns, 
doth  covenant,  promife,  grant  and  agree,  to  and  with  the 

laid 


Covenan(f, 


125 


faid  A.  B.  his  executors  and  adminiftrators,  and  every  of 
them,  by  thcfe  prefents,  in  manner  and  form  following, 
that  is  to  fay  :  that  he  the  faid  C.  D.  his  executors,  admiti> 
iftrators  or  afligns,  (hall  and  will  from  time  to  time,  and  at 
all  limes  hereafter,  well  and  truly  pay  the  rent,  and  perform 
the  covtnaras  and  agreements  in  the  faid  in  part  recited  in- 
denture of  Icafe  reftrved  and  contained,  which  on  the  fen- 
ant's  or  leflVe's  part  are,  or  ought  to  b»"  paid,  done  perform, 
ed  and  ktpt,  according  to  the  true  ir.ttnt  ind  meaning  of 
the  faid  ind'.-nture  of  leafe,  and  thereof  and  therefrom,  and 
of,  from  and  againft  all  aftions,  fulls,  coils,  chargts,  expcn- 
ces,  troubles,  damages  and  demands  whatfoever,  which  fhall 
01  may  aiile,  happen,  be  commenced  or  profecutcd  againfl 
the  faid  A.  B.  his  heirs,  executors  or  adminiftrators,  or 
which  he  or  they  (hall  or  may  ftiHain,  fuffer  or  be  put  unto, 
for  or  by  reafon  or  means  of  the  non-payment  of  the  faid 
rent,  or  the  breach  or  non-performance  of  the  faid  covenants 
or  agreements,  or  any  of  them,  (hall  and  will  at  all  times 
l;ereafte>,  well  and  lufficicntly  fave,  defend,  keep  harmlefs 
and  indemnitifd  the  faid  A.  B.  his  heirs,  executors  and  ad- 
ministrators and  every  of  them  by  thefe  prefents. 
Jn  ivilne/s,  Sjf c. 


A  Covenant  in  a  Leafe^  that  the  Lejfor  may  up- 
on Jix  Months  Notice  take  Part  of  the  Fre- 
mifes  into  his  own  Hands. 

AND  alfo  that  if  the  faid  yf.  B.  his  executors,  adminif- 
trators orsfSgns,  fhal!  at  any  time,  during  the  term 
hereby  granted  unto  the  faid  C.  JD.  a-  aforefaid,  be  amiod- 
cd  to  take  tiie  (fiop,  now  in  the  pofTtlfion  or  occupation  of, 
&c.  (being  part  of  the  meffuage  or  tenement  hereby  de- 
mifed)  into  his  or  their  own  hands,  ufe  or  pofTeffion,  or 
otherwife  to  let  or  difpofe  thereof,  and  fhall  give  unto  the 
faid  C.  D.  his  executors,  adminiRrators  or  aHigns,  (ix 
months  notice  in  writing  of  fuch  his  or  their  mind  or  in- 
tention, that  ut  or  immediately  after  the  end  or  expiration 
•of  the  faid  fix  months,  it  fnall  or  may  be  lawful  to  and  for 
the  faid  /f.  B.  his  executors,  adminiftrators  or  afligns,  to 
tnter  upon,  have,  hold,  occupy  and  enjoy  the  faid  (hop  from 
Xi  a  thenceforth 


126 


Covenantt. 


thencefortli,  for  and  during  all  the  reft,  refidue  and  remain- 
der of  the  fa!d  term,  which  fhall  be  then  to  come  and  anex< 
pircd  ;  the  faid  A.  B.  hereby  covenanting,  promifing  and 
agreeing,  that  he  the  faid  A.  B.  his  executors  and  admin- 
iftiators,  (hall  and  will  difcount  and  allow,  or  otherwiie, 
that  it  iTiall  and  may  be  lavrful  to  and  for  the  faid  C, 
D.  his  executors,  admini-ftrators  and  afiigns,  to  defalk,  de- 
duft  and  retain  the  fum  of,  &c.  yearly  ai;d  every  year,  out 
of  the  faid  rent  of,  &c.  hereby  ref«rved,  which  is  to  be  in 
full  fatisfaftion  for  the  faid  (liop  ;  any  thing  herein  contain- 
ed to  the  contrary  thereof  notwithllanding. 


A  Covenant  or  Provifo  in  a  Leafey  allowing  the 
Tenant  to  he  free  before  the  End  of  the  Term 
granted. 

PROVIDED  alfo,  and  it  is  hereby  covenanted  and 
agreed  by  and  between  the  faid  parties  to  tbefe  pre- 
fents,  that  if  he  the  faid  C.  D.  his  executors,  adminiftrators 
or  c.ffigns,  fhall  be  aminded  or  defjrous  to  leave  the  faid 
premifes  at  the  end  of  feven  years,  [or  fourteen  years]  after 
the  commencement  of  this  prefent  leafe  or  demife,  and 
thereof  (hall  give  fix  months  notice  or  warning  in  writing, 
under  his  or  their  hands,  unto  the  faid  y/.  B.  his  heirs  or 
afligns  \_If  the  Ifjfor  have  only  a  temporary  inter  ejl,  then  ivrile, 
executors,  &c,  as  lefore  diredcd ;  for  which  Jte  leafes]  of 
fuch  his  or  their  mind  and  intention,  on  the  day  of 
next  and  immediately  preceding  the  determination  of  the 
faid  term  or  time  of  feven  yearsj  [or  fourteen  yeatsj  re- 
fpeftively  ;  that  then  and  immediately  after  the  expiration 
of  the  faid  term  of  feven  years  [or  fouitecn  yearsj  refpec- 
tivcly,  and  of  fuch  refpedtive  notice  given  as  aforefaid,  the 
term  and  eftate  of  twenty-one  years  hereby  granted,  as 
aforefaid,  (hall  ceafe,  determine,  and  be  utterly  void  ;  any 
thing  in  thefe  prefents  contained  to  the  contrary  thereof 
in  any  wife  notwithdanding. 

Note ;  This  covenant  or  provifo  muft  immediately  follow 
the  provifo  for  re  entry  on  non-payment  «f  rent. 

An 


Covenantt. 


127 


Indevture  of  Copartner ^olp  between  two 
BookfeUers. 

THIS  Indenture.  made  the  day  of  In  the  year  of 
our  Lord      between  gentleman  and  ftatlonerof 

of  the  one  part,  and  C.  Z).  alfo  gentleman  and  ftationer 
of  aforefaid,  of  the  other  part,  ■w'tlnejfeth ,  that  the  faid 
u1.  B.  and  C.  D.  having  had  experience  of  each  other's 
care  and  fidelity,  and  in  confidence  thereof,  for  the  future, 
have  agreed  upon  a  copartntrfhip  and  joint  trade,  in  carry- 
ing on  cf  the  trade  of  printing  and  bookfelLng,  and  there- 
fore each  of  them  doth  refpeflively,  and  for  their  feveral 
and  refpecSive  executors  and  adminidrators,  covenant,  protn- 
ife  and  agree,  to  and  with  the  other  of  them,  hii  executors 
and  adminiftrators,  by  thefe  prefcnts,  that  from  and  after  the 
day  of  next  enfuing  the  date  of  thefe  prefents,  they 
the  faid  /I.  B.  and  C.  D.  lhall  be  and  continue  copartners 
and  joint  traders  in  the  art,  trade,  my  fiery  and  bufifiefs  of  a 
bookfeller,  that  is  to  fay,  in  buying,  felling,  vending,  ex- 
changing, priming  and  uttering  of  all  forts  of  books  and 
other  tilings  incident  and  belonging  to  the  trade  of  a  book- 
feller ;  and  alfo  in  the  management  and  doing  of  all  fuch  oth- 
er bufinefs,  as  they  (hall  tbink  fit  and  mutually  agree  and 
confent  to  trade  in,  for  and  during,  and  until  the  full  end 
and  term  of  feven  years,  from  thenceforth  next  enfuing,  and 
fully  to  be  complete  and  ended,  if  they  thall  both  fo  long 
h've.  And  for  the  carrying  on  of  the  faid  joint  trade,  each 
of  the  faid  parties  to  thefe  prefents  doth  covenant,  promife, 
grant  and  agree,  to  and  with  the  other  of  them,  that  they 
will  each  of  them  bring  in  feverally  into  the  faid  joint  trade 
and  ftock,  in  money  and  good?,  to  be  ufed  in  the  faid  trade, 
on  or  before  the  faid  day  of  next  enfuing  the  date  here- 
of, the  full  fum  or  value  of  of  lawful  money  of  to  be 
ufed  and  employed  in  the  faid  joint  trade,  upon  the  faid  joint 
account.  And  it  is  herein  and  hereby  alfo  mutually  covenant- 
ed and  agreed,  by  and  between  the  faid  parties  to  thefe  pref- 
ents, that  the  faid  trade  of  a  bookfeller  (hall  be  carriedon  and 
managed  at  the  fhop  and  warehoufc  at  the  fnuate  in  or 
at  any  other  place  they  the  faid  parties  to  thefe  prefenta 
(hall  agree  upon  for  the  purpofe.  jinJ  for  the  orderly  pro- 
ceeding in  and  carrying  on  of  the  faid  intended  trade  or 

bufmefs, 


CovtHants. 


builneCs,  it  i»  mutually  covenanted,  concluded  and  agreed  up< 
on,  by  and  bttwen  the  faid  parties  to  thcfc  prefents,  and 
each  of  them  doth  for  himfelf  rcfpeftively  covenant,  promife, 
grant  and  agree,  to  and  with  the  other  of  them,  his  execu- 
tors and  adminiftratorsjby  thefe  prefents, i;i  manner  and  form 
following,  that  is  to  fay  ;  that  they  the  faid  A  B.  and  C.  D, 
fhall  be  ju(t  and  faithful  to  each  other,  in  ail  their  buyings, 
feliings,  accounts,  reckonings,  difburf^ments  and  dealings 
concerning  the  faid  copartnerfiup,  and  fnall  each  of  them 
endeavour  by  all  jiilt  care  and  diligence  to  advance  and  pro- 
mote the  faid  joint  trade  and  (lock,  without  fraud  or  deceit, 
and  give  their  attendance  upon  the  faid  trade  :  And  alfo 
that  the  faid  /I.  B.  his  executors  oradminillrators,  fhall  have 
the  full  intercft,  right  or  property  of,  in  and  unto  one  moie- 
ty or  half  part  of  the  fiid  joint  (lock  of  books,  copies,  and 
^Aliher  things  belonging  to  the  faid  copartnerfbip.and  alfo  of, 
in  and  unto  all  the  gains,  profits  and  increafe  which  (hail 
arife,  happen,  accrue  or  be  made  thertby  or  by  the  ordering 
or  employing  of  the  fame,  or  by  any  credit  or  bufinefs  to  be 
by  them  managed  or  done  as  copartners,  and  alfo  fhall  bear 
and  pay  one  moiety  of  all  iolfes,  cofts,  expences  or  damageSf 
which  fhal!  at  any  time  happen,  arife  or  come,  or  be  expen- 
ded or  laid  out,  in,  about  or  concerning  the  faid  jaint  trade 
er  copartnerfhip  aforefaid,  in  any  wife  whatfoever  :  And 
that  the  faid  C.  D.  his  executors  or  adminiftiators,  fhal!  have 
the  full  iniered,  &c.of,  in  and  unto  the  other  moiety  of  half 
part,  Sic.  \  Here  go  on  exadly  in  the  fame  manner,  as  in  the  fore- 
going claufe.'^  And  each  of  them  the  faid  A.  B.  and  C.  D. 
doth  alfo  for  himfelf,  his  executors  and  adminiftrators,  cov- 
enant, promife,  grant  and  agree,  to  and  with  the  other  of 
them,  his  executors  and  adminillrators,  that  the  faid  joint 
floik  and  alfo  the  buyings,  fellings,  exchanging  of  books, 
dealings,  gains,  debts  and  credits  which  fl;all  grow, 
arift,  liappen  or  be  made,  of  or  by  means  of  the  faid  joint 
trade,  or  any  thing  incident  or  belonging  thereunto,  (hall 
from  time  to  time,  during  all  the  faid  term  of  the  faid  co- 
partnerfhip, be  duly  entered  and  fairly  written  in  fome  con- 
venient book  or  books,  to  be  kept  for  that  purpofe,  within 
the  (hop  wherein  the  faid  trade  is  to  be  driven  or  carried  on, 
in  fuch  manner  as  men  of  the  faid  trade  ufe  or  ought  to  do ; 

of 


Covenant:, 


29 


of  which  fai'd  books  the  faid  parties  to  thefe  prefents,  and 
either  of  thtm,  their  refpedlive  executors  or  adminftrators, 
(hall  freely  at  all  times,  as  well  during  the  continuanca,  as 
after  the  expiration  of  the  copartnerfhip  aforeiaid,  have  the 
fight  and  perulal,  when  and  as  often  as  it  fhall  be  defired, 
and  (hall  have  liberty  to  tranfcribe  and  copy  out  all  or  any 
■part  thereof,  without  any  let,  hindrance  or  denial :  And  alfo 
that  all  bonds,  bills,  notes,  fptcialties,  and  fecurities  for  mo- 
ney whatfoever,  at  any  time  to  be  made  or  taken  for  any 
matter  or  thing  concerning  the  faid  joint  ftock  or  trade,  and 
alfo  all  other  things  to  be  fold,  exchanged  and  delivered 
out  of  the  faid  joint  ftock  or  trade,  fhall  be  made  and 
taken  in  the  names  of  the  faid  A.  B.  and  C.  D.  and  for 
their  joint  and  equal  ufe  and  benefit  ;  and  alfo,  that  no 
more  than  a  week  (hall  be  taken  out  of  the  faid  joint 
ftock  by  cither  ef  the  faid  parties  to  thefe  prefents,  ualiV 
notice  be  given  to  the  other  of  them  ;  and  that  each  of  the' 
faid  parties  lhall  receive  equally  at  the  fame  time  out  o£ 
the  faid  joint  ftock,  and  not  the  one  more  than  the  other 
of  them,  except  only  money  to  be,  and  which  fhall  be 
neceirarily,  laid  out  in  the  faid  ftock  and  trade,  for  the 
fupport  of  the  f a  d  copartnerlhip  :  And  alfo,  that  all  fum 
and  fums  of  money  to  be  taken  out  as  aforefaid,  either  to 
be  divided  or  ufed  in  trade,  fhall  from  time  to  time  be  en- 
tered into  the  faid  book  or  books,  fo  to  be  kept  as  afore- 
faid :  And  alfo  that  no  apprentice  or  fervant  fiiall  be  taken 
during  the  continuance  of  the  laid  partneifhip,  but  by  and 
wiih  the  joint  confent  of  the  faid  parties  to  thtfe  prefents  : 
And  alfo,  if  any  book  or  books,  money,  goods  or  other 
things  in  copartnerlhip,  (hali  be  embezzled,  purloined  or 
fpoiled  by  the  apprentice  or  apprentices,  or  other  agent  or 
fervant  of  the  faid  parties  to  thcfs  prefents,  during  the  faid 
copartnerlhip,  then  and  in  fuch  cafes,  the  lofs  and  damage 
thereby  happening  fhall  be  equally  borne  and  fuftairied  by 
the  faid  parties  to  thefe  prefents  :  And  alfo,  that  neither  of 
the  faid  parties  (hall  at  any  time  fell  or  deliver  out  upon 
truft,  and  without  ready  money,  to  any  perfon  whatfoever, 
any  part  of  the  faid  joint  trade  aad  ftock,  to  above  the 
value  of  unlefs  upon  notice  given  to  the  other  party  to 
thefe  prefents,  and  his  confent  thereunto  firft  had  and  ob- 
tained ; 


Covenants 


tained  ;  neither  (tiall  eit}«er  of  them  \er\6  any  money  abof« 
tlie  value  of  out  of  the  faid  joint  (lock,  without  fuch 
confent  as  aforefaid  :  but  if  goods  of  above  value  (hall 
be  trufted,  or  money  lent  contrary  hereunto,  the  fame  fhall 
be  fuftaincd  or  made  good  by  him  fo  trailing  or  lending  th« 
fame,  and  not  by  the  faid  joint  (lock  !  And  alfo,  that  nei- 
ther  of  the  parties  to  thefe  prefents,  (hall  without  the  confent 
of  the  other  of  them,  rcieafe  or  difcharge  any  debt,  duty, 
fum  or  fums  of  money,  or  other  things,  which  (hall  be  due, 
owing  ot  belonging  to  the  fdid  joint  account,  or  any  part 
thereof,  or  any  fecurities  givtn  for  the  fame,  but  only  fuch 
and  fo  much  as  (hall  be  aftnally  received  and  brought  intcJ 
the  faid  joint  Hock  ;  nor  (hall  compound  or  agree  to  accept 
part  for  the  whole  of  any  debt,  duty  or  fum  of  money,  to 
ihem  upon  the  account  aforefaid  jointly  owing  or  payable, 
.vjthout  the  confent  or  approbation  of  the  other  of  theni 
thertunto  [in  writing]  firft  had  and  obtained  :  And  alfo, 
♦l)at  neither  of  the  faid  parties  to  thtfe  prefcnts  (hall  at 
any  time  during  the  faid  copartneilhip,  and  before  a  final 
partition  be  made  between  them,  become  bound  or  be  bail 
or  furety  for,  with  or  to  any  perfon  or  perfons  whatfoever, 
tithcr  by  bond,  bill,  judgment,  datute,  recognisance,  proin- 
Ife,  or  otherwifc,  without  the  privity  or  confent  of  the  other 
of  them,  thereunto  [in  writing]  (irft  had  and  obtained  ;  and 
that  there  fliall  not  be  any  new  tranflation  of  any  book  or 
copy  to  the  ufe  of  the  faid  joint  dock,  nor  any  printer,  fta- 
tioner  or  bookbinder  be  employed  in  any  thing  relating 
to  the  faid  joint  (lock,  without  the  confent  of  both  the 
parties  to  thefe  prcfents  :  And  alfo  that  the  faid  /4.B.  and 
C,  D.  (hall  and  will,  once  in  every  year,  during  the  faid  ca- 
partner(hip,  on  the  or  within  twenty  days  after,  or 

•ftner,  at  the  requeft  of  either  of  them  to  that  purpofe,  join 
with  the  other  of  them,  and  perform  and  do  whatever  to  hina 
belongeth,  or  in  him  iieth,  for  the  making  up  and  pa(ring  of  a 
new,  plain  and  perfect  account  and  reckoning  between  thenr, 
efand  concerning  all  their  buyings,  fellings,  exchanges,  print- 
ing, trading  and  dealings  for,  upon  ot  by  reafon  of  the  faid 
joint  trade,  and  relating  to  the  faid  copartnerQiip,  and  of  all 
and  every  fuch  ftock,  ready  money  and  things  as  concern  or 
lhall  b«  cnployed  ia  ot  about  the  fame  ;  and  of  the  gHins, 

profits 


Covenanis. 


»3« 


profits  and  tncieaie  thereof,  and  alfo  of  the  charges,  damages 
and  expcnfes  happening  or  accruing  thereby  ;  and  likewife,  of 
all  debts  owing  or  payable  by  the  faid  patties  for,  upon  or  in 
rcfpeft  of  the  faid  joint  trade  and  dealing  ;  to  ihe  intent,  that 
it  mav  appear  how  and  in  what  ftate  and  condition  they  ftand, 
in  reference  to  the  faid  copartnetfhip  and  joint  flock  ;  and 
upon  the  finiftiiog  and  perfedling  every  fuch  account,  the  fame 
frail  be  fairly  written  into  two  feveral  books  for  that  purpofe 
to  be  provided,  both  of  which  faid  books  fliall  be  fubfctibed 
by  both  the  faid  A.  B.  and  C.  D.  and  one  of  thera  fo  fubfcrib- 
ed  lhall  remain  with  the  (aid  A,  B.  and  the  other  of  them 
with  the  faid  C.  D.  which  faid  accounts  fo  pafTed  and  fub- 
fcribed  (hall  not  be  called  into  queftion,  or  be  in  any  wife  con- 
troverted, unlefs  fome  manifeft  error  or  miftake  (hall  plainly 
appear  to  have  therein  efcaped  their  notice,  and  that  the  fame 
iprror  (hall  be  difcovered  in  the  life  time  of  both  the  faid  par» 
ties,  and  not  otherwifc.  Prowded  always  neverihelefs,  and 
it  is  exprefsly  covenanted,  concluded  and  agreed  by  and  be- 
tween the  faid  parties  to  thefe  prefents,  and  the  true  intent 
and  meaning  of  the  faid  parties  hereunto  is  hereby  declared 
to  be,  that  if  either  of  the  faid  parties  Hiall  die,  during  the 
continuance  of  the  faid  copartncr(hip,  yet  neverthelefs  no  be- 
nefit of  furvivor(hip  lhall  accrue  unto,  or  be  had  or  taken  by 
the  furvivor  of  them,  in  any  wife  whatfocver ;  any  law,  ufagc 
or  cuftom,  or  any  thing  herein  before  contained,  to  the  con- 
trary thereof  notwithftanding.  But  the  one  moiety  of  the 
ready  money,  (lock  and  e(l^edts  of  the  faid  copartner(hip,  and 
the  proceeds  thereof,  (hall  come  and  be  to  the  execuiors  ot 
adminiltrators  of  fuch  dying  perfon,  or  fuch  other  perfon  or 
pcrfonsas  he  (hall  otherwife  difpofe  thereof  to,  and  the  other 
pioiety  thereof  to  the  furvivor.  And  it  is  further  covenaiued, 
granted,  concluded  and  agreed  upon,  by  and  between  the  faid 
parties  to  thefe  prefents,  that  if  any  debts  fuall  be  owing  by 
the  copartners  upon  the  faid  joint  accounts,  fuch  furviving 
partner  (hall,  out  of  the  ready  money,  or  if  there  be  not  ready 
money,  then  as  foon  as  money  (hall  come  in  and  become  due, 
faiikly  and  pay  the  fame  :  And  after  all  the  debts  (ball  be 
paid,  then  fuch  furvivor  (hall  forthwith  pay  fo  much  money, 
as  the  part,  (hare,  or  dividend  of  the  goods  of  fuch  deceafed 
partner  (hall  amount  unto,  upon  a  valuation  to  be  made  of  the 
ftock,  by  two  indifferent  inen  of  the  faid  trade  :  the  one  to 
be  chofen  b/  the  fuiyivor,  and  the  other  by  the  perfon  who 


132  Covenantt. 

fliall  have  a  right  to  the  deceafed's  fliare,  and  (hall  alfo  ac» 
count  for  and  pay  one  moiety  of  all  the  debts  due  to  theco- 
partnerfliip,  which  he  (hall  receive  (he  being  firft  allowed  kis 
charges  and  expcnces  in  and  about  the  getting  in  thereof :) 
jind  it  is  hereby  further  covenanted  and  agreed,  by  and 
between  the  faid  parties  to  thefe  prefents,  that  within  one 
month  next  after  the  end  or  determination  of  the  faid 
copartncrfliip,  if  both  the  faid  parties  (hall  be  living,  a 
final  account,  partition  and  divilion  (hall  be  made  and 
paffcd  by  and  between  the  faid  copartners,  for  and  concern- 
ing all  fuch  goods,  monies  and  things,  which  (hall  be  the-n 
due,  owing  and  b'-longing  unio  tlie  faid  joint  (lock  and 
trade,  or  to  the  faid  parties  to  thefe  p  efents,  in  refpeft 
thereof ;  and  alfo  of  and  for  all  fuch  debts,  dues  or  fums 
of  money  as  by  reaibn  of  the  faid  joint  trade  (hall  be  con- 
tradted,  and  be  by  them  owing  to  any  pcrfon  or  perfons; 
and  likewife  of  and  for  all  the  gains  and  increafe,  damages 
and  loffes  happening  or  accruing  by,  through,  or  in  refped^ 
of  the  faid  joint  trade  or  copartnerfiiip,  fo  that  the  (lat? 
thereof  may  appear,  and  how  much  thereof  (hall  belong  to 
each  party;  and  then  after  all  dibts  and  fums  of  money  ; 
owing  on  the  account,  or  by  virtue  of  the  faid  copartnerr  > 
fliip,  (hall  be  difcharged  and  paid  (and  not  before)  the  faid 
yi.  B-  his  executors,  adminiftrators  or  afligns,  (hall  have 
and  take  to  his  and  their  owa  proper  ufe  and  ufcs,  one  moie-  : 
ty  (the  whole  into  two  equal  parts  to  be  divided)  of  all  t 
the  money,  goods  and  things  then  in  ftock  between  them  ; 
and  the  faid  C.  D.  his  executors,  adminiftrators  or  afr 
figns,  (hall  likewife  then  have  and  take  to  bis  and  their  1 
own  proper  ufe  or  ufes,  the  other  moiety  of  the  money  p 
and  the  goods  and  things  then  in  the  (lock  between  ii 
them  :  and  it  is  further  covenanted  and  agreed,  that  in 
cafe,  at  the  end  of  the  faid  copartner(hip,  the  money  and 
ftock  (hall  not  be  fu(ficient  to  clear  and  difcharge  all  the 
debts  owing  upon  the  account  of  th-  faid  copartner(hip,  that  ii 
then  each  of  the  faid  parties  to  tlicfe  preftnts,  his  executors 
or  adminidratorE,  fliall  pay  one  moiety  thereof:  And  the, 
faid  A.  B.  doth  hereby  covenant,  grant  and  agree,  to  and 
with  the  faid  C.  D.  his  executors  admindrators  and  afligns, 
that  he  the  faid  ^.  B.  his  executors  or  adminiftrators,  (hall 

and 


Covenants. 


133 


and  will  well  and  truly  pay  or  caufe  to  be  paid  one  moiety 
thereof,  and  fave  and  keep  harmltfs  the  faid  C.  D.  his  ex- 
ecutors and  adminittrators,  of  and  from  the  fame  :  and  the 
faid  C.  JJ.  doth  hereby  covenant,  proraile,  grant  and  agree, 
to  and  with  the  faid  /f.  5.  his  executors  and  adnniniftrators, 
that  he  the  faid  C.  D.  his  executors  or  adminiftrators,  (hall 
at.d  will  pay,  or  caufe  to  be  paid  the  other  moiety  thereof, 
and  alfo  fave  dnd  keep  harmlefs  the  faid  //.  B-  his  execu- 
tors and  adaiiniftrators,  of  and  from  the  fame  ;  and  it  is 
further  agreed,  that  the  copies  or  books  or  either  of  the 
faid  parties  to  thefe  prefents,  which  fiiall  be  printed  during 
the  continuance  of  the  faid  copartnerfhip,  (hall  be  for  the 
benefit  of  U)e  faid  joint  ftock,  and  be  brought  thereinto; 
and  in  cafe  the  faid  parties  to  thefe  prefents  fliall  not  agree 
to  tUe  number  of  what  fhail  be  printed,  or  the  prices  to  be 
fold  at,  or  to  any  other  matter  relating  thertunto,  that 
then  the  fame  (hall  be  determined  by  £!  F.  and  G.  H.  gen- 
tlemen and  ftationeisof  who  are  hereby  authorifed  to  de- 
termine tht  fame,  and  their  determination  is  hereby  agreed 
*o  be  conclulive  to  the  faid  parties  to  thefe  prefents,  and 
each  of  them  flirillbe  compelled  to  perform  the  fame  byarule 
of  court  of  at  purfuant  to  the  fcatute  in  that  cafe  made 
and  provided  :  Andlajl^y,  it  is  covenanted,  and  agreed  by  and 
between  ihefaid  parties  to  thefe  prefents,  in  manner  af  jrefaid, 
that  if  any  doubt,  quellion  or  controverfy  (hall  arife  be- 
tween the  faid  parties,  for,  about  or  concerning  this  prefent 
indenture  of  copartnerfhip,  or  any  claufe,  provifo  or  agree- 
ment herein  comprifed  or  contained,  or  any  defet\  or  want 
of  explanation,  or  any  matter  or  thing  relating  to  thisco- 
partneifliip,  then  and  as  often  as  any  fucli  doubt,  controver- 
fy or  difference  fhall  arife  or  happen,  the  fame  fliall  be  re- 
ferred to  the  determination  of  the  faid  E.  F  and  G.  H. 
(if  they  rtiall  be  then  living  :)  And  in  cafe  of  the  death  of 
either  of  them,  then  to  two  indifftrcnr  peri'ons  to  be  nomina- 
ted and  chofen  from  time  to  time  ry  the  faid  parties  to  thefe 
prefents,  within  ten  days  a  ter  fuch  controv-.rfy  fhall  arife 
or  happen  (cjcli  of  the  laid  parties  tochoofe  one)  01  tlfeby 
an  umpire,  to  be  nominated  by  the  perfons  fo  chofen,  in 
cafe  the  faid  perfons  canni/t  a;^rec  and  comoofu-  the  fame; 
and  that  each  of  the  faid  parties  to  thefe  pr.efcnts,  and  their 
M  refpedive 


»34 


Covenant. 


refpeftive  executors  and  adminiftrators,  fhall  ftand  to,  abide, 
peiforrn  ai)d  keep  fuch  order  and  deternninatioii  therein,  ai 
the  faid  E.  F.  and  G.  H.  or  the  faid  indifferent  perfons  to 
be  chofcn  as  aforefaid,  or  the  faid  propire  fo  to  be  chofen  as 
aforefaid,  fhall  make  and  give  up  ;  fo  as  fiich  order,  judg- 
ment and  determination  of  the  faid  E.  F.  and  G.  H.  or  of 
two  fuch  indifferent  perfons,  or  umpire  as  aforelaid,  of  or 
concerning  the  preniifes,  be  from  time  to  time  made  and  fet 
down  in  wiiting,  under  the  hands  and  feals  of  the  faid  E.  F. 
and  G.  H.  or  of  the  faid  two  indifferent  perfons.  or  of  the 
faid  umpire,  within  ten  days  next  after  futh  d  ;ubt,  qucftiou 
or  controverfy  (liall  be  referred  to  them  or  him  as  af  )refaid, 
which  faid  determination  is  hertby  agreed  to  be  concliifive 
to  the  faid  paities  to  ihefe  prefents,  and  c;ich  of  them  fliallbe 
aompelled  to  perform  the  fame  by  rule  of  c.;urt  of  at 
puifuant  to  the  faid  ftatute  in  that  cafe  made. 
In  'witnefs,  &c. 


A  Charter  Party  of  Ajjlgnment. 

THIS  Charier  Pwly,  indented,  made,  concluded  and 
agreed  upon,  the  day  of  in  the  year  of 

our  Lord  between  /I.  B.  of  mafter  and  owner  of 
the  fhip  or  veffel  called  of  the  burden  of  of  the  one 
part,  and  C.  D,  of  of  the  other  part,  witiitffeih,  that  the 
faid  /I.  B.  for  the  confideration  herein  after  mentionedi 
hath  granted  and  to  freight  letten,  and  by  thefe  prefenti 
dothgvMil  and  »o  freight  let,  unto  the  faid  C.  D.  his  execu- 
tors, adminiflrators  and  affigns,  the  whole  tonnage  of  the 
hold,  (tern,  fhcets,  and  half  deck  of  the  faid  fhip  or  veffel, 
from  the  port  of  to  the  port  of        in  a  voyage  to  be 

made  with  the  faid  fhip  in  the  manner  following  (that  is  to 
fay)  tlie  f  id  J.  B.  is  to  fail  with  the  firft  fair  wind  and 
weather  that  flrall  happen,  next  after  the  day  of  or 
before  the  day  of  next,  from  the  faid  port  of 
with  the  goods  and  merchandizes  of  the  laid  C.  his  fadlori 
pr  affigns.  on  board  to  aforefaid,  there  to  be  delivered 
and  difcharged  of  her  faid  cargo,  within  fifteen  days  next  af. 
ter  her  arrival  to  the  end  of  the  faid  voyage  :  In  confideration 
Wjiereof,  the  faid  C,  /).  for  himfelf,  his  heirs,  executors  an(| 

adminillratorsi 


Go^endntt. 


ficjmtn!(lrators,doth  covenant,  promife  and  agree,  to  and  with 

tli:  faid  /i.  B.  his  executors,  adrainiftrators  and  alligns,  and 
every  of  them  by  thefe  prefents,  that  he  the  faid  C.  D.  his 
executors,  adminiftrators,  faftors  or  affigns,  fliall  and  will  well 
and  truly  pay,  or  caufe  to  be  paid,  unto  the  faid  A.  5.  his 
executors,  adminiftrators  and  affigns,  for  the  freight  of  the 
faid  fhip  or  goods,  the  fum  of  [Or  thus,  20  dolls,  a 

ton,  for  loading  or  unloading  and  taking  in  goods  at 
and  porlsj  within  one  and  twenty  days  after  the  faid 

fliip's  arrival,  and  goods  difchatged  at  aforefaid,  for 

the  end  of  the  voyage  j  and  alfo  fliall  and  will  pay  for  de- 
murrage, if  any  (hall  be  by  the  default  of  him  the  faid  C.  D. 
liis  factors  or  afligns,  the  fum  of  tvifo  dollars  a  day,  daily  and 
every  day,  as  the  fame  (hall  grow  due  ;  and  the  faid  A.  B, 
for  himfelf,  his  heirs,  executors  and  adminiftrators,  doth 
covenant,  promife,  grant  and  agree,  to  and  with  the  faid 
C.  D.  his  executors,  adminiftrators  and  afligns,  and  every  o£ 
•  ^rn,  by  thefe  prefents,  that  the  faid  ftiip  or  veffel  (liall  be 
.  dy  at  the  faid  port  of  at  key,  to  take  ia 

goods,  by  the  faid  day  of  next  coming  ;  and 

within  t«n  daya  after  the  faid  (hip  (hall  be  ready  at  the  faid 
key  as  aforefaid,  the  faid  C.  D.  doth  grant,  promife  and  a- 
gree  to  have  his  goods  ready  and  put  on  board  the  faid  fliip, 
in  order  that  fhe  may  proceed  on  lier  faid  voyage.  And  the 
faid  A.  B.  doth  alfo  covenant,  promife,  grant  and  agree,  to 
and  with  the  faid  C.  D.  his  executors,  adminiftrators  and 
affigns,  that  the  faid  (liip  or  vcflcl  now  is,  and  at  all  times 
during  the  faid  voyage  (hall  be,  to  the  beft  endeavor  of  the 
fa:d  A.  B.  his  executors  and  adminiftrators,  at  his  and  their 
own  proper  coits  and  charges,  in  all  things  made  and  kept 
ftiff,  ftaunch  and  ftroijg,  and  well  furniftied  and  provided  as 
well  with  men  and  mariners  fufficient  and  able  to  fail,  guide, 
and  govern  the  faid  (lilp,  as  with  all  manner  of  rigging,  boats, 
tackle,  apparel,  furniture,  provifion  and  appurtenances  fit- 
ting and  necelTary  for  the  faid  men  and  mariners,  and  for  the 
faid  (hip,  during  the  voyage  aforefaid.    In  wllnefs,  &c. 

A  Letter  of  Licence  to  a  Debtor. 

TO  al!  to  whom  thefe  prefents  (hall  come,  we  E.  F.  of 
G.  //,  of      \^Here  name  the  feveral  other  crediiors'^ 

whofc 


136 


Covenants. 


whofc  names  are  under  written,  and  fealsaffixed,  creditori  of 
ji.B.  now  or  late  of  fend  greeting.  Wherea»  the  faid 
A.  B.  on  the  day  of  the  date  hereof,  is  indebted  unto  us  the 
faid  ct  editors  in  divers  fums  of  money,  which  by  reafon  of 
great  lofTts  and  misfortunes  he  is  not  at  prtfent  able  to  pay 
and  fatisfy  without  refpite  of  time  to  be  gi^en  him  for  that 
purpofe  :  Know  ye  therefore,  that  we  the  faid  creditors, 
and  every  of  us,  do  by  thefe  prefents  fcveially  give  and  grant 
unto  the  faid  A.  B.  free  licence,  liberty  and  leave,  and  our 
fure  and  fafe  condudt  to  come,  go,  and  refort  unto  us  and 
every  of  us,  his  faid  creditors,  to  compound  and  take  order 
with  us,  and  every  one  of  us,  for  our  and  every  of  our  faid 
debts  ;  and  alfo  go  about  his  other  bufintfs  and  affairs  at  his 
free  will  and  pleafure  from  the  day  of  the  date  hereof,  unto 
the  full  end  and  term  of  next  enfuing,  without  any  let, 
fuit,  trouble,  arreft,  attachm'ent  or  othei  diiturbanc«  whatfo- 
ever,  to  be  offered  or  done  unto  him  the  faid  A.  B.  his 
wa-res,  goods,  money  or  mercliandizts  whatfocver,  by  us,  or 
any  of  us,  or  by  the  executui  s,  adminlftralors,  partners  or 
afiigns  of  us  or  any  of  us,  or  by  our  or  any  of  our  means  or 
procurement  :  And  we  the  faid  creditors  feverally  and  rc- 
fpedlivcly,  each  for  himfelf,  hisexecutots  and  adminiftra- 
tors,  doth  feverally  and  apart,  and  not  joii.tly,  covenant, 
grant  and  agree,  to  and  with  the  faid  A.  B.  his  CKecutors 
and  adminiftraiors,  and  eveiy  of  them  by  thefe  prefents, 
that  if  any  trouble,  vexation,  wrong,  damage  o<'  hindrance, 
fliali  be  done  unto  him  the  faid  A.  B,  either  in  his  body, 
goods  or  chattels,  within  the  faid  term  of  from  the  date 
of  theft  prefents,  by  us,  or  any  of  us,  contrary  to  the  tenor 
and  efftdt  of  this  our  licence,  that  then  he  the  faid  A.  B.  hia 
executors  and  adminilhalors,  fnall  be  acquitted  and  difchar- 
ged  towards  and  againft  him  and  them,  of  us,  his  and  their 
executors,  adminiftrators,  partners  and  affigns,  and  every  ef 
them,  by  «hom  and  by  whofc  means  he  rtiall  be  vexed,  ar- 
reftfd,  troubled,  imprifoned,  attached,  grieved  or  damnifi- 
ed, of  all  manner  of  aftious,  fuits,  quarrels,  debts,  dues  and 
demands,  either  in  law  or  equity  v.hatfoever,  from  the  be- 
ginning of  the  world  to  the  day  of  the  date  of  thefe  pre- 
fents :  Provided  always  neverthelefs,  and  it  is  the  true  in- 
tsi.t  and  meaning  of  thefe  prefents,  and  of  the  faid  parties 

hereunto 


Covtnant!. 


hereunto,  that  if  all  the  faid  parties  (hall  not  fubfcribe  and 
feal  thefe  prefcnts,  then  and  in  fuch  cafe,  the  liberty  and  li- 
cence hereby  given  and  granted,  and  every  claufc, covenant, 
matter  and  thing  therein  contained,  fhall  ccafeand  be  utter- 
ly void  to  all  intents  and  purpofea  ;  any  thing  herein  before 
contained  to  the  contrary  theri-of  in  any  wife  notwilhftand- 
ing.     Inivitneft,  l^c. 


A  Compojition  vclth  Creditors. 

TO  all  to  whom  thefe  prefcnts  fhall  come,  we  whofe 
na:nc.<sare  here  under  written, and  feals  affixed,  creditors 
oiA.B.oi  fend  greeting.  Whereas  the  faid  ^.  ^.  doth 
juftly  owe,  and  is  indebted  unto  us,  his  faid  feveral  creditors, 
in  divers  fums  of  money  ;  but  by  reafon  of  many  loffes, 
great  hindrances  and  other  damages  happened  unto  the  faid 
A.  D.  he  is  become  utterly  unable  to  pay  and  fatisfy  us  our 
Xull  debts,  with  fuch  goods,  wares  and  merchandizes  which 
he  had),  which  we  the  faid  creditors  are  unwilling  to  ac- 
cept of,  or  any  wife  to  intermeddle  with  the  fame  ;  and 
therefore  we  the  faid  creditors  have  refolved  and  agreed  to 
undergo  a  certain  lofs,  and  to  accept  of  live  fhillings  for 
every  pound  owing  by  the  fjid  A.  B,  to  us  the  feveral  and 
refpetlive  creditors  aforefaid,  to  be  paid  in  full  fatisfadioa 
and  difcharge  of  our  feveral  and  refpeftivc  debts  :  Now 
know  ye,  that  we  the  faid  creditors  of  the  faid  A.  B.  do 
for  ourfelves  feveraliy  and  refpedlively ,  and  for  our  feveral 
and  refpeftivc  heirs,  executors  and  atlminiilrators,  covenant, 
promife,  compound  and  agree,  to  and  with  the  faid  A.  B. 
his  executors  and  adminiftrators,  and  to  and  with  every  of 
them  by  thefe  preftnts,  that  we  the  faid  feveral  and  re- 
fpeftive  creditors,  our  feveral  and  refpedtive  heirs,  ex- 
ecutors, adminillralors  and  afTigns,  fliall  and  will  accept* 
receive,  and  take  of  and  from  the  faid  A.  B.  his  execu- 
tfors  and  adminiftralors,  for  each  and  every  pound  that 
the  faid  A.  B.  doth  owe  and  is  indebved  to  us  the  faid  fev- 
eral and  refpeftivc  creditors,  the  fum  of  five  fhillings,  in 
full  difchargc  and  fatisfaftion  of  the  feveral  debts  and  fiima 
•f  money  that  the  faid  A.  B.  dotb  owe  and  (land  indebted 
M  2  unto 


138 


Covenants. 


uicto  H8  the  faJd  creditors  refpcdively  ;  fo  that  the  favd 
fum  of  five  fliillings,  to  be  paid  for  each  and  every  pound 
that  the  faid  /}.  B.  doth  owe  and  ftandeth  indebted  unto  u> 
the  faid  feveral  and  rcfpeftive  creditors,  be  paid  unto  us 
the  faid  feveral  and  refpeftive  creditors,  our  feveral  and  re- 
fpeflive  executors,  admiiiiftrators  or  afligns,  within  the 
time  or  fpace  of  fix  months  next  after  the  date  of  ihefe  pre- 
fents :  And  we  the  faid  fcvei  aland  refpeftive  crcditois,do  fev. 
eraliy  and  relpeftively ,  for  ourfelves,  our  feveral  and  refpeft. 
ive  heirs, executors, adminiftrators  and  afligns,  covenant,grant 
promife  nnd  agree,  to  and  with  the  faid  B.  his  executors, 
and  adminiftrators,  that  he  the  faid  j4.  B.  his  executors, 
adminillrators  and  afligns,  (hall  and  may  from  time  to  time, 
and  at  all  times  within  the  faid  term  or  fpace  of  fix  month} 
next  enfuing  the  date  hereof,  aflign,  fell,  or  otherwife  difpofc 
of  his  faid  goods  and  chattels,  wares  and  merchandizes,  at  his 
and  their  own  free  wIJl  and  pleafure,  for  and  towards  the 
payment  and  fatisfaflion  of  the  faid  five  fliillings  for  every 
pound  the  faid  y1.  B.  doth  owe  and  is  indebted  as  aforefaid, 
unto  lis  the  faid  refpcflive  creditors;  and  that  neither  wc  the 
faid  feveral  and  rtfpeftive  creditors,  or  any  of  us,  nor  the 
executors,  adminiftrators  or  afTigns  of  us  or  any  of  ua,  fliall 
or  will,  at  any  time  or  times  hcreafier,  fue,  arreft,  moleft, 
troub!«,  imprifon,  attach  or  condemn  the  faid  y1.  B.  hfj 
executors  or  adminiftrators,  or  his  or  their  goods  and  chat- 
tels, for  any  debt  or  other  thing  now  due  and  owing  10  ut 
or  any  of  us  his  refpeftive  creditors  aforefaid  ;  fo  as  the 
faid  /I.  B.  his  executors  or  adminiftrators,  do  well  and  tru- 
ly pay,  or  caufe  to  be  paid  unto  us  his  faid  feveral  and  re- 
fpedtive  creditors,  the  f;iid  fum  of  five  {hillings  for  every 
pound  he  doth  owe  and  ftandeth  indebted  unto  us  refpcdt- 
ively,  within  the  faid  time  or  fpace  of  fix  months  next  cb- 
fuing  the  date  hereof.    In  witnefs,  &c. 


A  Marriage  Settlement. 

THIS  Indenture  of  three  parti,  made  between  A.  B. 
of  of  the  firft  part,  C.  D.  of  and  E.  F.  of 
ef  the  fecond  part,  and  M,  D.  of      daughter  of  the 

faid 


Covenanls. 


'39 


i-feid  C.  D.  of  the  third  part,  witnefTeth,  that  for  and  in 

;  confideration  of  a  marriage  intended  (by  God's  permiflion) 
to  be  (hortly  had  and  folemnized  between  the  faid  A.  B. 
and  the  faid  iW.D.  and  of  the  fum  of  of  lawful  money  of 
to  be  had  and  received  by  the  faid  A.  B,  as  a  marriage 
portion  with  the  faid  M.  D.  and  for  that  a  competent  join- 

■  ture  may  be  had,  made  and  provided  for  the  laid  M.  D. 
(in  cafe  the  faid  marriage  (hall  take  effed)  and  for  the  fet- 

.  tling  and  affuring  the  meffuages,  linds,  tenements  and 
hereditaments  herein  after  mentioned,  to  and  for  the  fsveral 
ufes,  intents  and  purpofes  hereafter  limited  and  declared, 
purfuant  to  the  agreement  made  upon  the  contrad\  of  the 
faid  intended  marriage,  he  the  faid  A.  B.  hath  granted, 
bargained,  fold,  aliened,  releafed  and  coiihrmed,  and  by 
thefe  prefcnts  doth  grant,  &c.  ,unto  the  faid  C.  D.  and 
E.  F.  (in  their  actual  poffeffion,  &c.)  \^Here  go  on  as  in 
the  conveyance  by  rtkafe^  their  heiis  and  alTigns,  all  thofe 
meffaages,  &c.  \_Htre  dcjcribe  the  premifes,  and  afterwards 
add  the  ufual general  claufes  f»Uetutng  them,  'which  fee  In  the 
releafe.~\  To  have  and  to  hold  the  faid  meffuages,  &g. 
hereditaments  and  premifes  above  granted,  releafed  and 
confirmed,  and  every  part  and  parcel  thereof,  wiih  the 
appurienances,  unto  the  laid  C.  D.  and  E.  F.  their  heirs 
and  afligns,  to  and  for  the  fsveral  ufes,  intents  and  purpo- 
fes herein  after  mentioned,  limited,  expieiTed  and  declared 
(that  is  to  fay)  to  the  ufe  and  behoof  of  the  faid  A.  B. 
and  his  heirs,  until  the  faid  marria^je  between  him  and  the 
faid  M.D.  his  intended  wife,  fhall  be  had  and  folemnized  ; 
and  from  and  after  the  foiemnization  thereof,  to  the  ufe  and 
behoof  of  the  faid  A.  B.  and  his  afligns,  for  and  during 
the  term  of  his  natural  life,  without  impeachment  of  wafte  ; 
and  from  and  after  the  determination  of  that  eftate,  to  the 
ufe  and  behoof  of  the  faid  C.  D.  and  E.  F.  and  their 
heirs,  for  and  during  the  n^aiural  life  of  the  faid  A.  B.  in 
truft  to  preferve  and  fupport  the  contingent  remainders 
herein  after  limited  from  being  dcfea:ed  and  deflroyed  ;  and 
for  that  purpofe  to  make  entries,  and  bring  aflions,  as  the 
cafe  (hall  require  :  yet  neverthelefs  in  truft  to  pevnwt  and 
fuffcr  the  faid  A.  B.  and  his  affigns,  to  receive  and  take  the 
rents,  ifTuet  and  profits  thereof,  to^is  and  their  own  pro- 
per 


14® 


Covenants. 


per  ufe  and  benefit,  during  hi«  natural  life  :  And  from 
and  after  the  dtceafe  of  him  the  faid  ^.  B.  to  the  ufe  and 
behoof  of  the  faid  M.  D.  his  faid  intended  wife,  and  her 
afligns,  for  and  during  the  term  of  her  natural  life,  for  her 
jointure,  and  in  full  fatisfadlion  of  her  dower  or  thirds 
which  (he  nnay  claim  to  have  in  any  lands,  tenements  or 
hereditament*,  whereof  or  wherein  he  the  faid  A.  B.  fhall 
at  any  time  during  his  life  be  feizod  of  any  tftate  of  inher- 
itance ;  and  from  and  after  the  dectafe  of  the  faid  A.  B. 
and  M.  D.  his  faid  intended  wife,  and  the  furvivor  of  them, 
to  the  ufe  and  behoof  of  the  htirs  male  of  the  body  of  the 
f.iid  M.  D.  by  the  faid  .4.  B.  her  intended  hufband,  law- 
fully  to  be  begotten  ;  and  for  want  of  fuch  ilTue,  to  the 
ufe  and  behoof  of  the  faid  C.  D.  and  E.  F.  their  execu- 
tors, adminillrators  and  affigns,  for  and  during  the  term  of 
five  hundred  years  thence  next  (ollowing,  and  fully  to  be 
ccmplete  and  ended,  without  impeachment  of  or  for  any 
nanncr  of  wafte,  upv)n  the  trulls,  and  to  and  for  the  fever- 
al  ufes,  intents  and  purpofes  herein  after  declared  of  and 
concerning  the  fame  term. —  And  from  and  after  the  expi- 
ration, or  ether  fooncr  determination  of  the  faid  term  of 
ive  Irundred  years,  to  the  ufe  and  behoof  of  the  faid  ^.  B. 
Vii  heir*  and  alTigns  for  ever.  Provided  always,  and  it  is 
hereby  declared,  covenanted  and  agreed,  by  and  between 
the  faid  parties  to  thefe  prefents,  that  the  faid  terra  of  five 
Lundred  years,  fo  limited  to  them  the  faid  C.  D-  and  E.  Fm 
their  executors,  adminiltrators  and  alngns.  as  aforefaid,  is 
upon  this  condition,  that  if  the  faid  A  B  fhell  happen  to 
die  without  iffue  male  by  him  begotten  on  tiie  body  of  the 
faid  M.  D-  his  faid  intended  wife,  or  fhall  leave  iflue  male, 
and  fuch  iffue  male  fhall  happen  to  die  btfoie  he  (ball  at- 
tain the  age  of  twenty-one  years,  without  iffue  male  ;  and 
that  if  in  either  of  the  faid  cafes  there  fliati  happen  to 
be  one  or  more  daughter  or  daughters  of  their  bodies 
begotten,  that  then  and  in  fuch  cafe,  if  he  the  faid  A.  B. 
bis  heirs  and  alBgns,  do  and  fliall  well  and  truly  pay, 
cr  caufe  to  be  paid  to  fuch  daughter  or  daughters  rcfpeil- 
ively,  at  her  and  their  refpeflive  ages  of  twenty-one  years, 
erdays  of  marriage,  which  fliall  iarft  happen,  the  feveral 
porlioQS  following,  that  is  to  fay  :  if  it  fhall  happen  there 

(hall 


Covenantt. 


141 


fiiall  be  but  one  daughter,  then  the  fum  of  only,  for 
the  portion  of  fuch  daughter,  to  be  paid  her  at  her  faicl  age 
of  twenty-one  years,  or  day  of  marriage,  which  fliall  firll 
happen,  with  interell  therefor  in  the  mean  time,  after  the 
rate  of  5  dolls,  per  centum,  per  annum  :  and  if  any  fuch  daugh- 
ter or  daughters  (ball  happen  to  die  unmarried,  before  her  or 
their  portion  or  portions  (hall  become  payable,  as  aforefaid, 
then  the  portion  or  porlionsof  her  or  them  10  dying,  (hall  go 
and  be  paid  to  the  furvivor  or  fuivivorsof  them,  tqua  ly  to 
be  divided  amongft  them,  (hare  and  (hare  alike  (10  be  paid 
at  the  fame  time  as  the  original  portions  (hould  or  ought  to 
become  payable,  a$  aforefaid,  in  cafe  they  had  b?en  living) 
fo  as  no  one  fuch  daughter  frail  have  for  hi  r  portion,  by 
furvivor(hip,  orotherwife,  by  virtue  of  the  faid  te.m  of  five 
hundred  years,  above  the  fum  of  and  in  cafe  there  (hall 
be  no  fuch  daughter,  who  Hiall  live  to  be  married,  or  attain 
the  faid  age  of  twenty-one  years,  that  tlien  and  in  either  of 
thefaid  cafes  fo  happening,  the  fame  term  fliall  ceafe,  deter- 
mine, be  null  and  void,  any  thing  herein  contained  to  the 
contrary  thereof  in  any  wife  notwith'Aanding.  And  the 
faid  A.  B.  for  himfelf,  his  heirs,  executors  and  adminiftra- 
tors,  doih  covenant,  grant,  promile  and  agree,  to  and  with 
the  faid  C  D.  and  E.  F.  their  heirs  and  alTigns,  and  every 
of  them,  by  tlicfe  prefents,  that  the  faid  meffuages,  &c.  he- 
reditaments and  premifts,  with  the  appurtenances  above  re- 
leafed  and  confirmed,  as  aforelaid,  (hall  and  may  from 
henceforth  and  forevcrhercafter,  be,  remain  and  continue  to 
and  for,  and  upon  the  fcveral  ufes,  trulls,  intf  nts  an  i  purpo- 
fes,  and  under  and  fubjcdl  to  the  fevtral  limitations  and 
agreements  aforefaid,  according  to  the  true  intent  and 
meaning  of  thci'e  prefents  :  And  further,  that  he  the  faid 
y^.  B.  his  heirs,  ^c.  [  Here  tnfert  a  covenant  for  further  af 
furance,  at  before  in  the  conveyance  by  re!edfe.'\  Provided  alfo, 
and  it  is  hereby  declared,  covenanted  and  agreed  upon,  by 
and  between  all  and  every  the  faid  parties  to  thefe  prefents, 
that  it  (hall  and  may  be  lawful  to  and  for  him  the  faid  A.  B, 
during  his  life,  and  after  his  death,  for  the  faid  M.  D.  his 
intended  wife,  duiing  htr  life,  in  cafe  the  faid  intended 
inariiage  (hall  take  tffeft,  by  any  writing  or  writings  under 
hit  or  her  hand  and  fcal  rcfpeftivcly,  atteflcd  by  two  or 

more 


142 


Covenants, 


more  credible  witnePTes,  and  not  ollierwifc,  to  make  any 
leafe  or  Icafes,  dcmife  or  grant  of  all  or  any  part  or  parti 
of  the  faid  mefftiages,  &c.  to  any  peifon  or  perfons  whom- 
foever,  for  the  term  of  twenty-one  years,  or  for  any  other 
term  or  numbers  of  years,  not  exceeding  twenty  years,  fo 
as  fuch  leafe  or  leafes,  demife  or  grant  for  years  be  made  to 
commence  and  take  efFe£l  in  polTciTion,  within  one  year  after 
the  date  thereof;  and  fo  as  upon  all  and  every  fuch  leafe  or 
leafes,  demifes  or  grants  for  years  to  be  made  by  the  faid 
A.  B  and  M.D.  his  faid  intended  wife,  refpecJHvely,  there 
be  lefervtd  payable  yearly,  during  the  continuance  there- 
of, the  bed  and  molt  improved  yearly  rents,  which  at  the 
time  of  making  thereof  can  or  may  be  gotten  for  the  fame  : 
and  fo  as  in  every  fuch  leafe  there  be  contained  a  claufc  of 
re-entry  for  non-payment  of  the  rent  or  rents  thereby  to  be 
referved  ;  and  (b  as  the  leflee  or  leffees,  to  whom  fuch  leafe 
or  lea-fes  fhall  be  made,  do  fcal  and  deliver  counterparts  of 
fuch  leafe  or  leafes  ;  any  thing  herein  contained  to  the  con« 
trary  hereof  notwithftanding. 
In  ivitnefs,  isfc. 

Separation  between  a  Man  and  his  Wife. 

THIS  Indenture  of  three  parts,  made  between 
G.  G.  of  of  the  firft  part,  J.  his  wife, of  the  fecond 
part,  and  B.  (a  truflee)  of  the  third  part.  [Whereas,  &c. 
(here  Infert  recital  of  the  JettJcnunt  before  marriage  if  any  fuch 
marriage  feltltment  tLere  be  J  and]  whereas  fome  unhappy 
differences  have  lately  arifen  between  the  faid  G.  G.  and 
the  faid  yi.  his  wife,  and  they  have  mutually  agreed  to 
live  feparate  and  apart  from  each  ;  and  previous  to  fuch 
reparation,  lie  the  faid  G.  G.  hath  confentcd  thereto,  and 
alfo  propofed  and  agreed  that  he,  out  of  his  own  proper 
monies,  would  allow  and  pay  to  the  faid//.  his  wife,  during 
the  term  of  her  natural  life,  for  her  better  fupport  and  main- 
tenance (over  and  above  the  provifion  made  and  fettled  upon 
her  the  faid  /J.  for  her  feparate  ufe  by  the  above  recited  in- 
denture, one  annuity  or  yearly  fum  of  loo  dolls,  clear  of  all 
taxes,  charges,  and  dcdu6\ions  whaifoever,  payable  to  her  in 
fuch  manner  as  herein  after  is  mentioned,  fubjtdl  ncvcrihelef* 

to 


Covenants. 


MS 


to  the  provifo herein  after  contained,  touching  the  paynnent 
r.f  the  faid  annuity.)  And  alfo,  that  in  cafe  the  faid  /f, 
l.is  wife  fiiouk!  die  before  him  the  faid  G.  G.  that  then  the 
faid  G.  G.  Ihould  pay  to  her  executors  the  fiim  of  lo  dolls, 
towards  hir  iunei  al  charges  ;  and  that  the  faid  G.  G,  would 
hereby  ratify  and  confirm  the  herein  before  recited  fettle- 
meiit  in  fuch  mannei-  as  hereafter  is  mentioned  :  Now  this 
indintur:  lu'ttnejfcth,  thai  the  faid  G.  G.  in  purfuance  of  his 
aforefaid  propufal  and  atcrt-enient,  doth  hereby  for  hitnfclf, 
his  executors,  adiriuiflrators,  and  for  every  of  them,  cove- 
nant, prouiife  and  agree,  to  and  with  the  faid  B.  (the 
truftec  )  nis  ejcrcutors,  adminiftratO'S  and  afli  j;ns  ;  and  doth 
alfo  agree  with  the  faid  /I.  his  wif-,  in  manner  and  form 
following  (that  is  to  fdv)  thac  it  fhall  and  mav  be  laa'ful 
to  and  for  the  faid  A.  his  wife,  ant',  that  h  the  faid  G.  G. 
(hall  arid  will  permit  and  fuffer  hsr  the  faid  /i  from  time 
to  time,  and  at  all  limes  from  henceforth,  din  ing  her  natur- 
al life,  to  live  feparate  and  apart  from  him,  and  to  rcTidc 
and  be  in  fuK:h  place  and  places,  and  in  fuch  family  and 
families,  and  with  fuch  relations,  friends,  and  other  per- 
fons,  and  to  follow  and  carry  on  fuch  trade  and  bulinefs,  as 
flie  the  faid  A.  from  time  to  time  at  her  will  and  pleaiure 
(notwithftanding  her  prefcnt  covercure,  and  as  if  fhe  were 
a  feme  fole  and  unmarried)  (hall  think  fit  ;  and  that  he  the 
faid  G.  G.  (hall  not  nor  will  at  any  time  or  times  hereafter 
fiie  her  the  faid  A.  in  the  court,  or  any  other  court, 
for  living  feparate  and  apart  from  him  ;  or  eonspcl  her  to 
cohabit  with  him,  or  to  fue,  moleft,  dillurb  or  trouble  her 
for  fuch  living  fe|)arate  and  apart  from  him,  or  any  other 
perfon  or  perfons  whomfoevcr,  for  receiving,  harboring, 
or  entertaining  her ;  nor  lhall  or  will  without  the  confent 
of  the  faid  A.  vilit  her,  or  knowingly  come  into  any  houfe 
or  place  where  (lie  fhall  or  may  dwell,  rcfide  or  be  ;  nor-fend 
or  caufe  to  be  fent  any  letter  or  mcffage  to  her  ;  nor  fliall 
or  will  at  any  time  hereafter  claim  or  demand  any  of  the 
monies,  rings,  jew>-l8,  plate,  cloths,  linen,  woollen,  houfe- 
hold  goods,  or  Itock  in  trade,  which  fhe  the  faid  A.  noiT 
bach  in  her  cuftody,  power  or  poffcffion,  or  which  (lie  fhall 
or  may  at  any  time  hereafter,  buy  or  purchafe,  or  which 
ihall  bs  de?i'fed  or  given  to  her,  or  lljall  otherwife  acq  iire  ; 

and 


144 


Covenants, 


and  that  fhe  fhall  and  may  enjoy  and  abfolotely  difpofe  of 
the  fame,  rs  if  (He  were  a  feme  fole  and  unmarried.  And 
further,  thai  he  the  f  lid  G.  G.  his  executors  or  adminiftra- 
•tors,  or  fome  or  one  of  them,  (hall  and  will  well  and  truly 
pay,  or  caufe  to  be  paid,  unto  the  faid  /4.  his  wife,  or  her 
affigns,  durinp  the  term  of  her  natural  life,  for  and  towards 
her  better  fupport  and  maintenance,  one  annuity  or  year- 
iy  fura  of  of  lawful  money  of  free  and  clear  of  all 
taxes,  chargea  and  dtdudions  whatfoever  ;  the  faid  annuity 
or  yearly  fam  of  to  be  paid  and  payable  to  her  the  faid 
ii.  and  her  alfigna,  during  her  natural  life,  at  or  upon 
or  within  ten  days  next  after  each  of  the  faid  days, 
by  four  equal  parts  ;  the  firft  quarterly  payment  thereof  to 
begin  and  be  made  on  next,  or  within         day?  then 

next  following,  la  confidtratfon  of  which  faid  ico  dolls, 
fer.  ann.  fo  hereby  made  payable  to  her  the  faid  yi.  in 
manner  as  afortfaid,  anrf  of  the  provifion  fo  made  for  her 
by  the  faid  recited  indenture  of  fettlement  in  manner  as 
aforelaid,  (he  the  faid  doth  hereby  a<>ree  to  accept 
and  take  in  full  fat iffadion  for  her  fupport  and  maintenance, 
aad  all  alimony  whatfoever  during  her  coverture.  Provid- 
ed always,  and  i;  is  herr,by  exprefsly  agreed  and  declared, 
by  and  between  all  the  parties  hereunto,  and  the  true  intent 
and  meaning  of  them  and  thefe  prefeiits  is  and  are,  that  ia 
cafe  he  the  faid  G.  G.  his  executors  or  adminiftrators,  fhall 
at  any  time  hereafter  be  obliged  to,  and  fhall  aAually  pay 
any  debt  or  debts  which  fhe  the  faid  /I.  l)is  wife  fhall  at 
any  time  hereafter  during  her  prefcut  coverture,  contraft 
■with  any  perfon  or  perfons  whatfoever,  that  then  and  ia 
fuch  cRfe,  it  lhall  and  may  be  lawful  to  and  for  the  faid  G.  G» 
his  executors  and  adminiftrators,  to  dedudf,  retain  and  re- 
imburfe  to  him  and  themfelves  out  of  the  faid  annuity  or 
yearly  fura  of  too  dollars  fo  hereby  made  payable  to  hei  the 
faid  /I.  as  aforefaid,  all  and  every  (uch  (um  and  fums  of 
money,  a!>  he  or  they  fhall  be  obliged  to,  and  (hall  fo  at\a- 
ally  pay  for  or  on  account  of  fuch  dcbi  or  debts  to  be  by  her 
the  fair)  A.  at  any  time  heteafter  fo  contracted  as  aforefaid, 
together  with  all  cofts,  <  harges  and  damages,  which  he  or 
they  fhall  or  may  pay  or  fuftaiu  on  account  theicof :  any 
tiling  herein  contained,  &c.  ^ind  ia/iiy,  the  hid  G.  G.  (ia 

purfuance 


Conveyancer, 


»45 


purfuanceand  full  performance  of  his  faid  recited  agreement, 
and  divers  other  good  and  valuable  caufes  and  coiifider^tions 
him  thereunto  efpecially  moving)  hath  and  by  thefe  prefents 
^oth  abfolutely  eftablifh,  ratify  and  confirm  as  well  the  faid 
herein  before  recited  indenture  of  afBgnment  and  fettlenient 
made  of  the  faid  perfonal  eftate  of  the  faid  /I.  his  wife,  and 
of  the  faid  loo  dollars  and  go'd  watch  by  the  faid  G.  G. 
indyf.  his  *'ife,  fo  thereby  refpeftivdy  afligned  to  them  the 
faid  G.  T.  and  y.  B.  (the  truftees)  as  aforefaid  :  and  all 
and  every  the  feveral  trufts,  ufes,  declarations,  conditions, 
and  agreements  in  the  fame  indenture  mentioned,  limited, 
expreffed  and  declared  of  and  concerning  the  fame  refpeil- 
ively.    In  'witnefs,  SiC. 


Of  CONVEYANCES  of  LANDS  by  LEASE 
and  RELEASE,  FEOFFMENT,  8tc- 


T'HE  common  conveyance  of  edates  of  inheritance  here- 
tofore in  ufe,  wasaleafe  and  relcafc.  The  Icafe,  or  bar- 
gain and  fale,mu(lbe  made  for  one  year,  to  commence  from  the 
day  before  the  date  thereof,  and  muft  bear  date  the  day  before 
that  of  the  releafe  ;  and  though  both  thofe  deeds  make  but 
ene  conveyance  in  law,  are  executed  at  the  fame  time, yet  the 
bargain  and  fale  mu't  be  firft  executed,  a  pofTcflion  being 
thereby  direftly  conveyed  to  the  purchafer  or  rtleafee  ;  and 
by  that  means  livery  and  fcifin,  which  was  neceffary  to  be 
made  on  the  former  method  of  conveying  eftatcs,  viz.  by 
feoffment,  is  fully  fupplied. 

If  a  deed  of  conveyance  exprefs  a  confideration  of  money, 
upon  a  purchafc,  this  is  no  proof  upon  the  trial,  that  the 
money  expreflld  was  really  paid  ;  but  proof  muft  be 
made  of  it  by  witnelTes,  i  Styl.  Rep.  462.  2  Williams'  Rep. 
295.  Wherefore  it  feems  highly  neceffary,  that  the  witnelfea 
to  ciie  receipt  on  the  back  of  the  deed  fhoiild  have  written, 
before  they  come  to  fubfcribe,  to  this  purpofe,  viz.  ( IVit- 
nejfcs  to  ibe  payment  of  the  money )  in  cafe  they  adlually  faw 
ihe  money  paid.    tJee  the  receipt  under  title  Releafe. 

N  A 


(Conveyances, 


A  Bargain  and  Sale  for  a  Tear, 

\_Obfolete  itt  the Jiate  of  Netv  Tork.'] 

THIS  Indenture,  made  the  day  of  in  the  year  of 
our  Lord  between  A,  B.  of  of  the  one  part, 
and  C.  D.  of  of  the  other  pan,  witntffeth,  that  the  faid 
J.  B.  for  and  in  confideration  of  the  fum  of  one  dollar  of 
lawful  money  of  to  him  in  hand  paid  by  the  faid  C.  D, 
at  or  before  the  enfealing  and  delivery  of  tbefe  prefents,  the 
receipt  whereof  is  hereby  acknowiedgedj  haih  granted,  bar- 
gained and  fold,  and  by  thefe  prefents,  doth  grant,  bargaia 
and  fell  unto  the  faid  C.  D.  his  executors,  admioiflrators  and 
afiigns,  all  that  meffuagey  &c.  [^lltre  mentioit  iht  premifes  that 
are  to  be  Jold'\  and  the  reverfion  and  reverfions,  remain  dar 
and  remainders,  rents,  iifues  and  profits  of  all  and  fingular 
the  faid  pieraifes,  and  every  part  and  parcel  thereof,  with  the 
appurtenances  :  T i  haw  and  to  hold  the  faid  melTuage,  &c.. 
lands,  hereditaments  and  premifes  above  granted,  bargained 
and  fold,  and  every  part  and  parcel  thereofi  with  the  appur- 
tenances, unto  the  faid  C.  D.  his  executors,  adminiftratcrs  and 
afligns,  from  the  day  before  the  day  of  the  date  hereof,  for 
and  during,  and  until  the  full  end  and  term  of  one  whole  year 
from  thenceforth  next  enfuing,  2nd  fully  to  be  complete  and 
ended  :  Yielding  and  paying  therefor,  at  the  expiration  of  the 
faid  year,  one  peppercorn,  if  the  fame  fliall  be  lawfully  de- 
manded ;  to  the  intent,  that  by  virtue  of  thefe  prefents,  and 
by  force  of  the  ftatute  made  for  transferring  of  ufes  into  pof- 
feffion,  he  the  faid  C.  D.  may  be  in  the  aflual  pt-ffeffion  of 
all  and  fingular  the  faid  premifes  above  bargained  and  fold, 
with  ihe  appurtenances,  and  be  thereby  enabled  to  take  and 
accept  of  a  grant  and  releafe  of  the  reverfion  and  inheritance 
thereof  to  him  and  his  heirs,  to  the  only  proper  ufe  and  behoof 
of  the  faid  C.  D.  his  heirs  and  alngns  for  ever.  \_lf  the  re^ 
lenje  he  to  trujlees  to  ti/es,/aj,  and  be  thereby  enabled  to  take 
and  accept  ol  a  grant  and  releafe  of  the  reverfion  and  inheri- 
tance thereof,  to  them  and  their  heirs,  to,  for  and  upon  fuch 
ufes,  intents  and  purpofes,  as  in  and  by  the  faid  grant, or  re- 
leafe fhall  be  thereof  direded  oi  declared.]  In  twitne/s,  &c, 


Conveyances, 


ki  Releafe  of  an  EJlate^  or  Deed  wUh  full 
Covenants. 

THIS  indenture,  maJe  between  A.  B.  of  of  thd 
one  part,  and  C.  D,  of  of  the  other  part,  witnefi"i;th> 
that  the  faid  'J.  B.  for  and  in  confideration  of  the  fum  of 
of  lawful  money  of  to  him  the  fsid  A.  B.  in  hand  well 
and  tnily  paid,  at  or  before  the  enfcaiing  and  delivery  ot  thefe 
prefents,  the  receipt  ^'hereof  he  the  faid  /?.  B.  do;h  hereby 
acknowledge,  and  thereof  and  therefrom,  and  from  every  part 
and  parcel  thereof  doth  acquit,  releafe,  exonerate,  and  fot 
ever  cifcharge  the  faid  C.  D.  his  heirs,  executors  and  admin- 
iftrators  and  every  of  them, by  thefe  prel'cnis,  hath  granted, bar* 
gaired,  fold,  aliened,  releafed  and  cor,ftnned,  and  by  thefe  pre- 
ienis,  doth  grant,  bargain,  fell,  alien,  releafe  and  confirm  ur.to 
the  faid  C.  D.  (in  his  adnal  poflellion  now  being)  [by  virtue 
of  a  bargain  and  fale  to  him  thereof  made,  for  one  v/ho!e  year, 
by  indenture,  bearing  dale  the  day  nt  xt  before  the  day  of  the 
djte  of  thefe  prefents,  and  by  force  of  the  ftatute  made  for  the 
transferring  of  ufes  into  pofieffion  :  as  the  bargain  and  fale  are 
out  of  ufe,  this  recital  is  now  omitted  in  the  releafe]  and  to 
his  heirs  and  affigns,  all  that  meffu  ijc,  &c.  together  with  all 
houfes,  outhoufes, edifices,  buildings,  orchards,  gardens,  lards, 
meadows,  commons,  paftures  and  common  of  palture,  feedings, 
woods,  underwoods,  ways,  paths,  waters,  vvater-courfes,  eafe- 
ments,  profits,  commodities,  advantages,  emoluments  and  heie- 
ditaments  whatfpevcr,  to  tbt  faid  inelTuage,  Sec.  belonging, 
or  in  any  wife  appertaining,  or  which  to  and  with  the  fame 
now  are,  or  at  any  times  heretofore  have  been  held,  ufed,  oc- 
cupied, accepted,  reputed,  taken  or  known,  as  part,  parcel  ot 
member  thereof,  or  of  any  part  thereof ;  and  the  revetfion 
and  reverfions,  remainder  and  remainders,  rents,  ilTues,  and 
profits  of  all  and  fingniar  the  faid  premifes,  and  every  part  and 
parcel  thereof,  with  the  appurtenances  ,  and  altl)  all  the  eftate, 
right,  title,  iniereft,  property,  claim  and  deinand  wh  iMoever, 
in  law  or  equity,  of  him  the  faid  .4.  B.  of,  in  and  to  all  and 
f.ngular  the  faid  piemifes  above  mentioned,  and  of,  in  and  to 
every  part  and  parcel  thereof,  with  the  appurtenances  ;  [and 
aifo  all  deeds,  evidences  and  writings,  touching  or  concern- 
ing the  faid  premifes  only,  or  any  part  thereof,  together  witti 
true  copies  of  all  other  deed.s  evidences  and  writings,  which 
do  concern  the  faid  preraifcf,  or  any  part  thereof;  jointly  with 

any 


148 


Conveyances. 


any  other  lands  or  tenements  now  in  the  cuftody  or  poffefiion 
of  him  the  faid  A.  B,  or  which  he  can  or  may  get  or  come 
by  without  fuit  in  law  or  equity  ;  the  fame  copies  to  be  made, 
taken  and  written  at  the  proper  cofts  and  charges  of  the  faid 
C.  D.  hib  heirs  and  afligns  :]  To  haue  and  to  hold  all  and  An- 
gular the  faid  mefl'iiages  or  tenements,  land?,  hereditaments 
and  premifes  above,  in  and  by  thefe  prefents,  leleafcd  and  con- 
firmed, and  every  part  and  parcel  thereof,  with  the  appurte- 
nances, unto  the  faid  C.  D.  his  heirs  or  afligns,  to  the  only 
proper  ufe  and  behoof  of  the  faid  C.  D.  his  heirs  and  afligns 
for  ever,  and  to  and  for  no  other  ufe,  intent  or  purpofe  what- 
foever  :  'And  the  faid  A.  B.  for  himfelf,  his  heirs,  executors 
and  adminiftrators,.  doth  covenant,  grant,  promife  and  agree, 
to  and  with  the  faid  C.  D.  his  heirs  and  afligns,  that  he  the 
faid  A..  B.  now  is  the  true,  lawful  and  rightful  owner  of  all 
and  lingular  tlie  faid  meffuage,  Sec.  hereditaments  and  premi- 
fes above  mentioned,  and  of  every  part  and  parcel  thereof, 
with  the  appurtenances  ;  and  alfo  that  he  the  faid  A.  B.  at 
the  time  of  tlie  enfcaling  a"d  delivery  of  thefe  prefents,  is  law- 
fully and  rightfully  feized  in  his  own  right,  of  a  good,  fure, 
perfeft,  abfclute  and  indefeafible  eftate  of  inheritar.ee,  in  fee 
fimple,  of  and  in  all  and  fingular  the  faid  premifes  above 
meniioneci,  with  the  appurtenances,  without  any  manner  of 
condition,  mortgage,  limitation  of  ufe  or  ufes,  or  other  matter, 
caufe  or  ihiiig  whaifoever,  to  alter,  change,  charge  or  deter- 
mine the  fame  ;  and  alfo  that  the  faid  A-  B.  hath  good  right, 
fail  power  and  fufticient  auihoriiy  in  the  law,  to  grant, 
jeleaie,  convey  and  confirm  all  and  fingular  the  faid  mef- 
fuage, &>:.  hereditaments  and  premifes  above  granted  and  re- 
leafed,  witii  the  appurtenances,  unto  the  faid  C.  D.  bis  heirs 
and  sfTiijnSjto  the  only  proper  uft  aud  behoofofthe  faid  C.  D, 
his  heirs  and  affigns  for  ever,  according  to  the  true  intent  and 
rocaning  of  thefe  prefents  ;  and  alfo  that  he  thi;  faid  C.D.his 
heirs  and  afligns,  (hall  and  may  at  all  times  and  for  ever  here- 
after, peaceably  and  quietly  have,  hold,  occupy,  pofTels  an! 
tnjoy  all  and  fingular  the  f:iid  melTuage,  &c.  hereditaments 
and  premifes  aforefaid,  with  the  appurtc  nances,  and  every 
pait  and  parcel  thereof,  without  the  lawful  let,  fuit,  trouble, 
liindi  ance,  moleftation,  interruption,  evidtionor  dillurbance 
of  him  the  faid  ^.  D.  his  heirs  or  anigns,or  of  any  other  pcr- 
fon  or  pcrfons  lawfully  claiming  or  to  claim,  by  from  or  un- 
der 


Conveyanca. 


flfrhlna,  them,  or  any  of  them  ;  and  that  freed  and  difcharg- 
ed,  or  otherwife  well  and  fufficientljr  faved,  kept  harmlefsand 
indf  mniSed,  of,  from  and  againft  all  former  and  other  gifts, 
grants,  leafes,  mortgages,  jointures,  dowers,  ufes,  wills,  6nes, 
poft  fines, iflues,  amerciaments,  feizurss,  bonds,  annuities,  wri- 
tings obligatory,  recognizances,  extents,  judgments,  execu- 
tions, rents  and  arrearages  of  rent,  and  of  and  from  all  other 
charges,  rights,  titles,  troubles  and  incu.nbrances  whatfo- 
ewer,  had,  made,  committed,  done  or  f  jffertd,  or  to  be  had, 
made,  committed,  done  or  fuffered  by  the  faid  A.  B.  or  his 
heirs,  or  any  other  perfon  or  perfons  lawfully  claiming  or 
to  claim,  by,  from  or  under  him,  them  or  any  of  them. 
And  further,  that  he  the  faid  ^.  B.  his  lieirs  and  all  and 
every  other  perfcn  or  perfons,  and  his  and  their  heirs,  hav- 
ing or  lawfully  claiming  ariy  eftate,  right,  title  or  intereft, 
of,  in  or  to  the  faid  premifes  above  in  and  by  thefe  prefects 
releafed  and  confirmed,  or  any  part  thereof,  hy,  from,  cr 
under  him,  them  or  any  of  them,  fhall  and  will  from  time 
to  time,  and  at  all  times  hereafter,  upon  the  reafonable  re- 
qaclt,aiid  at  the  proper  coft  and  charges  in  the  law  of  the  faid 
C.  D.  hisheTS  or  afiigns,  make,  do,  feal  and  execute,  or  caufe 
or  procure  to  be  made,  dorie,  fealed  and  executed, all  and  eve- 
ry fuch  further  and  other  law.ful  and  reafonable  adt  and  adls, 
thing  and  things,  device  and  devices,  conveyance  and  con- 
Tcyances,  affura:ice  and  aiTurances  in  the  I.i\v  whaifoever, 
for  the  further,  better  and  more  perfeft  gnnting,  convey- 
jDg,  releafing,  confirming  a.id  affuring  of  all  and  fmgular  the 
premifes  aforefaid,  with  the  appurtenances,  and  every  part 
and  parcel  thereof,  unto  the  faid  C.  D.  his  heiri  and  afiigcs, 
to  the  only  proper  ufe  and  behoof  of  the  faid  C.  D.  his  heirs 
andafCgns  for  ever,  asaforefaid,  as  by  the  faid  C.  D.  his  heirs 
or  afiigns,  or  his  or  their  counfel  learned  in  the  law  /hall 
be  realonably  advifed,  devifed  and  required. — And  laftly. 
It  is  covenanted,  granted,  concluded  and  agreed  upon,  by 
and  between  the  faid  parties  ta  thefe  prefents,  and  the  true 
intent  and  meaning  hereof  alfo  is,  and  it  is  hereby  declared 
fo  to  be,  that  all  and  every  fitK:  and  fines,  recovery  and  re- 
coveries, affurauce  and  affurances,  coveyance  and  convey- 
ances in  the  law  whalfoever,  already  had,  made,  levied,  fuf- 
fcred,  executed  and  acknowledged,  or  at  aoy  time  hcreaf^ 
N  2  ter 


Conveyances. 


ter  to  be  bad,  mpde,  levied,  fuffered,  and  acknowledged,  by 
or  between  the  faid  parties  to  ihefe  prefciits,  or  eiiher  of 
them,  or  by  or  btlwccu  the  hciis  or  affigns  of  the  faid  par- 
ties, or  either  of  them,  or  any  other  perfon  or  perfons  whom- 
foever,  of  the  faid  premifes  above  lekafed  and  confirmed* 
as  aforefaid  with  the  appurtenances,  or  any  part  thereof, 
either  alone  or  by  itfclf,  jointly  with  any  other  lands,  tene- 
ments or  hercdiiamenf!,  (hall  be  and  enure,  and  fliall  be 
adjudged,  deemed  ami  taken  to  be  and  enure,  as  for  and 
concerning  all  and  fingular  tlie  faid  premifes  above  men- 
tioned, with  the  appuitenances,  to  and  for  the  only  proper 
ufe  and  behoof  of  the  Uiid  C.  D.  his  heirs  and  affigns  for 
ever,  according  to  the  true  intent  and  meaning  of  ihefc 
prefents,  and  to  and  for  no  other  ufe,  intent  or  purpofc 
whatfoever.    In  luitne/s,  &c. 

JItrother  Rcleafe  or  Deed  with  Covenant;. 

[This  form  !s  moft  generally  Hfed  in  this  date.] 

THIS  Indenture,  made  the  day  of  in  the  year 
of  our  Lord  one  thoufand  between  /I.  B.  of  &c. 
of  the  firft  part,  and  C.  D.  of  &c.  of  the  fecond  part,  wit' 
nejftih,  that  the  faid  party  of  the  firft  part,  for  and  in  con- 
fidcration  of  the  fum  of  fix  hundred  dollars,  lawful  money 
of  ihe  (late  of  New- York,  to  him  in  hand  paid,  at  or  be- 
fore the  enfealingand  deliveiy  of  thtfe  prefents,  by  the  faid 
party  of  the  fecond  part,  the  receipt  whereof  is  hereby  con- 
feffed  and  acknowledged,  hath  granted,  bargained,  fold, 
aliened,  remifed,  releafed,  conveyed,  afFured,  enfeoffed  and 
confirmed,  and  by  thefe  prefents  doth  grant,  bargain,  fell, 
alien,  remife,  releafe,  convey,  affure,  enfeoff  and  confirm, 
fully,  freely  and  abfolutely,  unto  the  faid  party  of  the  fecond 
part,  and  to  his  heirs  and  alfigns  for  ever,  all  that  dwelling 
houfe  and  lot  of  land,  fituatc,  lying  and  being  in  the  city 
ofAlbar.y,  bounded  as  follows,  &c.  together  with  all  and 
fingular  the  appurtenances,  pi  ivileges  and  advantages  what- 
foever, unto  the  faid  above  mentioned  and  dtfcribed  premifc« 
in  any  wife  appertaining  or  belonging  ;  and  the  reverfioa 
and  reveifions,  remainder  and  remainders,  rents,  iffuts  and 
profits ihtteof;  and  alfo,  all  the  cftate,  light,  title,  intereft, 

properly, 


Conveyances,  tj  i 

property,  claim  and  demand  v/hatfoewer,  at  well  in  law  a9  In 
equity,  of  the  faid  party  of  the  fini  part,  of,  in  and  to  the 
fame,  or  any  part  or  parcel  thereof,  with  the  appurtenancej. 
To  have  and  ta  hold  the  above  granted,  bargained  and  dc- 
fcribed  premifes,  with  the  appurtenances,  unto  the  faid  par- 
ty of  the  fecond  part,  his  heirs  and  alBgns,  for  their  own 
proper  ufe,  benefit  and  behoof  for  ever.  And  the  (aid  party 
of  the  firft  part,  for  himfelf,  his  heirs,  executors  and  ad- 
miniltiutors,  doth  covenant,  promife,  grant  and  agree,  to 
and  with  the  faid  party  of  the  fccond  part,  hii  heirs  and  af- 
figns,  that  he  the  faid  party  of  the  firll  part,  at  the  time  of 
enfcaling  and  deliveiy  of  thefe  prefents,  was  lawfully  feized 
in  his  own  right,  of,  in  and  to  the  above  defcribed  prem- 
ifes, hereby  granted  and  conveyed,  with  the  appurtenances? 
as  of  a  good,  fure,  pcrfedt,  abfolute  and  indefeafible  eftatc 
of  in'.ieritance  in  the  law,  in  fee  fimple,  without  any  manner 
ef  condition  to  alter,  change,  determine  or  defeat  the  fame  } 
and  has  in  hiniftlf  good  right,  full  power  and  lawful  autho- 
rity, to  grant,  bargain,  fell,  convey  and  releafe  the  above 
faid  defcribed  land  and  premifes,  with  the  appuitenances, 
unto  the  faid  party  of  the  fecond  part,  his  heirs  and  afligns, 
in  manner  afoiefald  :  And  alfo,  that  he  the  faid  party  of  the 
fecond  part,  his  heiis  and  afligns,  (hall  and  may,  from  time 
to  time,  and  at  all  times,  and  for  ever  hereafter,  peaceably 
and  qirictly  have,  hold,  occupy,  poffets  and  enjoy  the  faid 
liereby  granted  and  bargained  premifes,  with  the  appurte- 
nances :  And  alfo,  that  he  the  faid  party  of  the  firft  part, and 
his  heirs,  and  all  and  every  other  peifon  or  perfons  whom- 
foever,  lawfully  or  equitably  deriving  any  eftate,  right,  titlei 
dower,  jointure  or  intereft,  of,  m  or  to  the  herein  before 
granted  premifes,  by,  from,  under  or  in  truft  for  biin  and 
them,  fhaU  and  will,  at  any  time  or  times  hereafter,  upon 
the  reafonable  requeft  of  the  faid  party  of  the  fcCond  part, 
bis  heirs  oraflij^ns,  and  at  the  proper  cods  and  charges  in 
the  law  of  the  faid  party  of  the  fecond  part,  his  heirs  or  af- 
ligns, make,  do  and  execute,  orcaufe  orprociire  to  be  made, 
done  and  executed  all  and  every  fuch  further  and  other  law- 
ful and  reafonable  conveynaces  and  alTuiances,  in  the  lav^, 
for  the  better  and  more  effettually  veiling  and  confirming 
the  premifes  hereby  intended  to  be  granted,  in  and  to  the 

faid 


15* 


Conveyaneei. 


(aid  party  of  the  fecond  part,  hii  heirs  and  afligns  for  ever* 
as  by  the  fald  party  of  the  fecond  part,  his  heirs  or  afligni, 
or  hie  or  their  counfel,  learned  in  the  law,  fhall  be  reafona* 
bly  devifed,  adviled  or  required  :  And  the  faid  party  of  the 
firfi:  part,  for  himfclf,  his  heirs,  executors  and  admtniilra« 
tors,  doth  hereby  covenant  and  agree  to  and  with  the  faid 
party  of  the  fecond  part,  his  heirs  and  afCgns,  the  above  de» 
fcribed  and  reltafed  prennlfes,  in  the  quiet  and  peaceable  pof» 
feflion  of  the  faid  party  of  the  fecond  part,  his  heirs  and  af* 
Cgns,  againft  all  and  every  perfon  or  pcrfons,  lawfully  or 
equitably  claiming  or  to  claim,  the  whole  or  any  part  there* 
of,  will  for  ever  warrant  and  defend.  In  witnefs  whereof,  the 
faid  party  of  the  firil  part,  hath  hereunto  fet  his  hand  and 
fcal,  the  day  and  year  firft  above  written.  Staled,  Sic. 

A  ^it-Claim  Deed. 

THIS  Indenture,  n>ade  the  day  of  in  the  year 
of  our  Loid  one  thoufdnd  between  A.  B-  of  &c. 
of  the  fini  part,  and  C.  D.  of  &c.  of  the  fecond  part» 
witHcfftth,  that  the  faid  party  of  the  firft  part,  for  and 
in  confideration  of  the  fum  of  fifty  dollars  to  hitn  in  hand 
paid,  by  the  faid  party  of  the  fecond  part,  the  receipt 
whereof  is  hereby  conftflld  and  acknowledged  ;  hath 
bargained,  fold,  renriiO'd  and  quit  claimed  ;  and  by  thefe 
prefents,  doth  bargain,  fell,  remife  and  quit  claim,  unto 
the  faid  party  of  the  fecond  part,  (in  his  aflual  pof- 
fcffion  now  being)  and  to  his  heirs  and  affigns  for  ever,  all 
&c.  [Here  clefcribe  the  premifes.~\  Together  with  all  and  fin- 
gular  the  hereditaments  and  appurtenances  thereunto  be- 
longing, or  in  any  wife  appertaining  ;  and  the  reverfion  and 
reverfions,  remainder  and  rcmoinders,  rcnfE,  ifTue?  and  pro- 
fits thereof  ;  and  aifo  all  the  cllate,  right, title,  intcieft,  claita 
cr  demand  whatfoever  of  him  the  faid  party  of  the  firft  part, 
either  inlawor  equity  of  in  and  to  the  above  bargained  prcmi- 
fes,  and  every  part  and  parcel  thereof,  to  the  laid  party  of  the 
fecond  part,  his  heirs  and  afiigns,  to  tht  fole  and  only  proper 
ufe,  benefit  and  behoof  of  the  faid  party  of  the  fecond  part, 
his  heirs  and  afligns  for  ever,    /n  witne/s,  &:c> 

Releaft 


Conveyances. 


'53 


Releafe  or  Deed  of  Lands,  without  Covenants. 

THIS  Indenture,  made  the  dav  of  in  the  year  of 
our  Lord  one  thcufand  eight  hundred,  between  A.  B. 
c  f,  &c.  (if  the  firft  part,  and  C.  D.  cf,  kc.  of  the  fecond  part, 
M  itneffeih,  that  the  faid  party  of  the  firft  part,  for  and  in  con- 
r:deration  of  dollars  lawful  money  of  &c.  to  him  in  hand 
paid,  at  and  before  the  enfealing  and  delivery  of  thcfe  prefe:its, 
the  receipt  whereof  is  hereby  acknowledged,  hath  granted, 
bargained,  fold,  remifed,  releafed,  aliened  and  conlirmed  ; 

;d  by  thefe  ptefents,  doth  grant,  bargain,  fell,  remifc,  leleafe, 
-  lien  and  confirm  unto  the  faid  party  of  the  fecond  part,  in  his 
r.ftual  poffefTion  now  being,  and  to  his  heirs  and  afTigns  for 
ever.  [Here  defcfibe  the  piemifes.']  Together  with  all  and 
ftngiilar  the  hereditaTients  and  appurtenances  thereunto  be- 
longing, or  in  aiiy  wife  appertaining,  and  the  reverilon  and 
reverfions,  remainder  and  remaiiiders,  rents,  ilTues  and  profits- 
thereof  ;  and  all  theeftate,  right,  title,  intereft,  claim  or  de- 
mand whatfoever,  of  the  faid  party  of  the  firft  part,  ei'her  in 
law  or  equit^•,  of,  in  and  to  the  above  bargained  premifes,  with 
the  faid  hercdi'aments  and  appurtenances.  To  ha've  and  19 
hold,  the  faid  dwelling  houfe,  lot  of  ground  and  premifes  above 
defcribed,  to  the  party  of  the  fecond  part,  his  heirs  and 
affigns,  to  the  fole  and  only  proper  ufe,  benefit  and  behoof  of 
ihe  faid  party  of  the  fecond  part,  his  heirs  and  aiTigns  for  ever. 
In  'witne/s,  &C. 


Common  H'arranlee  Deed. 

THIS  Indenture,  made  the  day  of  in  the  year  of 
our  Lord  one  thnufand  letiueen  A.  B.  of,  i-c.  of 
the  firR  part,  and  C.  I),  of,  Sec.  of  the  fecond  part,  'w'ltnef' 
Jeth,  that  the  fa'd  p?.rty  ot  the  firft  part,  for  and  in  confider- 
ation  of  the  fum  of  &c.  to  him  in  hand  paid,  by  the  faid 
party  of  'he  fecond  pnrt,  the  receipt  whereof  is  hereby  con- 
ftfled  and  acknowledged,  hath  granted,  bargained,  fold,  re- 
isifed,  releafed,  aliened  and  confirmed  ;  and,  by  thefe  pre- 
feiits,  doth  grant,  bargain,  fell,  rcmife,  releafe,  alien  and  con- 
firm, unto  the  faid  party  of  the  fecond  part,  in  his  actual  pof- 
ftffion  now  being,  and  to  his  heirs  and  afllgns  for  ever,  All 
4kc.  [^Here  particularly  defcrile  the prem'tfes'\  Together  ■<ii\\!ti 


'54 


Canveyttneet, 


and  fingular  the  hereditments  and  appurtenances  thereuntd 

belonging  or  in  any  wif^  appertaining  j  and  the  rever:  on 
and  reverfioris,  remainder  and  rtmaindets,  rents,  ilTues  and 
profits  tlureof ;  and  ail  the  eflate,  right,  title,  intcreft,  claim 
or  demand  whatfoever,  of  the  faid  party  of  the  firll  pait, 
cither  in  law  or  eqaiiv,  of,  in  and  to  the  above  bargained 
prtniifes,  with  the  iaid  hereditaments  and  appurtenances. 
To  have  md  to  hold  the  faid  premifes  above  particularly 
mentioned  and  dtfcribtd.to  the  faid  party  of  the  fecond  part, 
bis  heirs  and  ifllgng,  to  the  fole  and  only  proper  ufe,  benefit 
and  belioot  of  tlic  faid  party  of  the  fecond  part,  his  heirs 
and  afligns  for  ever.  And  the  faid  party  of  the  firft  part, 
for  himfelf,  his  hsiis,  executors  and  adniiiiillrator8,doth  cov«' 
cnant  grant,  promift  ai-d  ;gree,  to  and  with  the  faid  party 
of  the  fecond  part,  his  hiirs  and  alTigns,  the  tbove  bar- 
gained premifes,  in  the  quiet  and  peaceable  poffcfilou  of  the 
faid  party  of  the  iecond  pait,  bis  heirs  and  afligns,  agaiiid 
all  and  tvery  ptrfon  or  pcifons,  lawfully  or  equitably  claim- 
ing or  to  claim,  the  whole  ov  any  part  thereof,  will  for 
ever  quart  ant  av)d  dijtitd. 
In  wltiiefsf  &c. 


A  Deed  of  Lands  on  Sale  by  Mortgage. 

[Legal  Form.] 

THIS  Indenture,  made  the  day  of  in  the  year 
of  our  Lord  one  thoufand  eight  hundred,  between 
j^,  B.  of,  &c.  of  the  one  part,  and  C.  D.  of,  &c.  of  the 
other  part.  IVhereas  E.  F.  of,  &c.  did  by  a  certain  inden- 
ture cf  rel.afe  by  way  of  mortgage,  dated  the  day  of 
in  the  year  of  our  Lord  for  the  confideration  of  two 
hundred  dollars  lawful  money  of  the  faid  ftate,  with  lawful 
intereft  for  the  fame,  grant,  bargain,  fell,  alien,  rcleafe  and 
confirm,  unto  the  faid  A.  B.  in  his  adual  pofftflion  then 
being, and  to  hishtirs  and  afTigns  forever,all  that  certain  farm, 
&c.  Together  with  all  and  fingular  the  htieditamenisand  ap. 
purienances  theicunto  belonging  :  To  have  and  to  hold  the 
faid  above  granted  and  bargained  piemifcs,  with  the  ap. 
purtenanccs  unto  the  faid  ^.  £.  bis  luirs  and  alTigns,  to  the 

only 


Goaveyancet^ 


•55 


Oniy  proper  ufe  and  behoof  of  the  faid  A.  B.  his  heirs  and 
Bfugns  forever  :  Provided  nevertheJtfs,  and  the  faid  rt]eafe 
was  thereby  declared  to  be  upon  condition,  that  if  the  faid 
E.  F.  his  heirs,  executors  or  adnninirtrators,  did  and  fhould 
well  and  tiuly  pay  or  caufe  to  be  paid  unto  the  faid^  A.  B. 
bis  executors,  adminiftrators  or  afGgns,  the  jiift  and  full  furti 
ef  two  hundred  dollars,  lawful  money  aforefaid,  with  law 
ful  intereft  for  the  fame,  on  or  before  the  day  of 
in  the  year  of  our  L.otd  according  to  the  condition 

of  a  certain  bond  or  writing  obligatory,  bearing  even  date 
with  the  faid  releafe,  that  then  and  in  fuch  caf?  the  faid 
reieafe  and  the  faid  writing  obligatory  fhould  be  void  and  of 
DO  eflFcdt  :  And  the  faid  E.  F.  did  by  the  faid  nkafe,  for 
himfelf,  his  heirs,  executors  and  adminiftrators,  covenant, 
grant  and  agree  with  the  faid  /I.  B.  his  heirs,  executors, 
adminiftrators  and  affigns,  that  in  cafe  it  (hould  fo  happen 
that  the  faid  fum  of  two  hundied  dollars  and  intereft  for 
the  fame,  (hould  be  due  and  unpaid  at  the  time  limited  for 
the  payment  thereof,  in  the  whole  or  in  part  thereof,  that 
then  it  fliould  and  might  be  lawful  for  the  faid  v  B.  his 
heirs  or  aflij^ns,  at  any  time  after  default  in  payment,  to 
grant,  bargain,  fell  and  difpofe  of  the  faid  above  granted 
and  bargained  premiies,  with  (he  appurtenances,  at  public 
vendue  or  auction,  to  any  perfon  or  per  ons  whomfoever, 
and  out  t>f  the  monies  to  arife  or  arifing  from  the  fale  there- 
of, to  retain  and  keep  in  his  hands  the  faid  fuai  of  two  hun- 
dred dollars,  and  all  intereft  due  thereon,  togeihei  with  the 
cofts  and  charges  of  fuch  fale  or  fales,  rendering  the 
overplus  money,  if  any  there  be,  to  the  faid  E  F.  his  heirs, 
executors,  adminiftrators  or  alfigns  :  /Inil  tuheriai  the 
Caid  E.  F.  did  not  pay  to  the  faid  A.  B.  the  fiid  fum  of 
two  hundred  dollars,  with  the  intereft,  at  the  time  limited 
for  payment  or  at  any  lime  fincc  ;  And  whereas  by  an  aft 
»f  the  Itgiflature  of  the  ftate  of  New-York,  made  and 
paffed  the  twcnty-.fixth  day  of  February,  in  tr;e  year  of 
our  Lord  one  thouland  feven  hundred  and  eighty-eight, 
;ntitkd  An  aft  m  prevent  fiauds  by  mci-tgages  and 
for  fecuring  the  purchafers  of  mortgaged  eftates."  it  is 
fnaAed,  that  no  good  and  bona  tide  tale  of  liieftuages, 
lands,  tenements  or  bereditameois  made  or  to  br  made  by 

mortgagee 


ss6 


Conveyances. 


mortgagee  or  Biortgagees,  or  either,  authorized  thereunt* 
by  fpecial  power  for  that  purpofe  in  due  form  of  law,  from 
h'\n\  or  ilicm  who  had  the  equity  of  redemption,  (hall  be 
defeated  to  the  prejudice  of  the  bona  fide  pu-rchafer  thereof, 
in  favor  or  tor  the  advantage  of  any  perfon  or  perfone  clainn- 
iug  a  right  of  redemption  in  equity,  but  that  nothing  in 
tlic  faid  iSi  contained  fhall  operate  for  the  fecurity  of  any 
purchafer  in  fee,  under  any  power  executed  for  that  pur- 
pofe, after  the  ulneteenth  day  of  March,  one  thoufand  fev- 
#n  hundred  and  ninety-four,  or  to  be  executed  for  that  pur- 
pofe after  the  pafling  of  faid  to  the  mortgagee  or 
inortgagees,  unlets  the  perfon  giving  fuch  power  be  of  the 
age  of  at  leaft  twenty-five  years,  and  all  powers  to  mort. 
gagees  then  or  thereafter  to  be  made  for  making  fales  in 
fee,  (hall  be  acknowledged  or  proved  and  recorded  as  other 
deeds  or  conveyances  ufually  are,  before  Lhe  conveyance  for 
the  fale  be  executed,  and  that  every  futh  fale  fliall  be  at 
public  audtion  or  vendue,  and  public  notice  (hall  be  given 
thereof  by  advertifements,  one  copy  thereof  to  be  inferted 
and  contained  at  leaft  once  a  week  for  fix  months  previous 
to  fuch  fale  in  one  of  the  public  newfpapers  printed  in  this 
ftate,  and  one  copy  thereof  to  be  fixed  upon  the  outward 
door  of  the  court  houfe  of  the  city  or  county  where  the 
mortgaged  preniifcs  or  the  greater  part  of  them  lay  ;  And 
•whereas  the  faid  E.  F-  was  at  the  time  of  executing  of  the 
faid  releafe  by  way  of  mortgage,  above  the  age  of  twen- 
ty  five  years  ;  And  ivbereas  the  faid  above  granted  and 
bargained  premifes,  with  the  appurtcuances,  in  purfuancc 
of  the  faid  aft  aforefaid,  and  by  virtue  of  the  power  con- 
tained in  the  faid  releafe  by  way  of  mortgage,  have  been 
fold  and  difpofed  of  in  fee  <imple,  at  public  vendue,  to 
£7.  D.  above  named,  for  the  fum  of  three  hundred  and  fcv- 
enty-five  dollars,  lawful  money  of  the  faid  ftate,  public 
notice  having  been  given  of  fucli  fale  as  by  the  faid  aft  ia 
diredled  j  And  luhereas  the  faid  releafe  by  way  of  mortgage 
hath  been  acknowledged,  proved  and  recorded  as  other 
deeds  ufually  are — No'iv  ihnrefore,  this  indenture  witnefTtth, 
that  the  faid  /i.  B-  in  purfuance  of  the  power  and  aft  afore- 
faid, and  alfo  for  and  in  confidcralion  of  the  fum  of  three 
hundred  and  feventy-iive  doU^rs,  of  lawful  mcD:y  aforefaid 

to 


Conveyances. 


•57 


to  him  in  hand  paid  by  the  faid  C.  D.  at  and  before  the 
enfealing  and  deh'very  hereof,  the  receipt  whereof  is  here- 
by acknowledged,  hath  granted,  bargained,  aliened,  releaf- 
ed  and  confirmed,  and  by  thefe  prefents,  doth  grant,  bar- 
gain, fell,  alien,  rekafe  and  confirm  unto  the  faid  C.  D.  in 
his  adual  pofleflion  now  being,  and  to  his  heirs  and  afiigns 
for  ever,  a!l  that  faid  farm,  piece  or  parcel  of  land,  above 
mentioned  and  defcribed,  together  with  the  hereditaments 
and  appurtenances,  as  the  fame  was  conveyed  to  him  by 
faid  releafe  i>y  way  of  mortgage  :  To  have  and  to  hold  the 
faid  above  granted  and  bargained  premiles  with  the  appur- 
tenances, unto  the  faid  C.  D.  his  heirs  and  afiigns,  to  the 
fele  and  only  proper  ufe  and  behoof  of  the  faid  C.  D.  hia 
heirs  and  affigns,  for  ever.  In  ivitnefs  wliereof,  tlve  parties 
hercu^nto  their  hands  and  feals  have  fubfcribed  and  fct,  the 
day  and  year  firft  above  written. 
Sealed,  (Sc. 

^  Conveyance  of  Lands  by  Sheriffs  on  Sales  by 
Execution. 

TO  all  to  whom  thefe  prefents  fliall  come,  I  A.  B.  (her- 
iff  of  the  city  and  county  of  Albany,  fend  greeting  : 
Whereas  by  virtue  of  one  writ  of  fieri  facias,  ifTued  out  of 
the  couit  of  common  pleas  held  for  the  city  and  county  of 
Albany,  ttftcd  the  tenth  day  of  Odiober,  in  the  year  of 
our  Lord  one  thoufand  feven  hundred  and  ninety-fix,  at 
the  fuit  of  C.  D.  to  me  diredlcd,  commanding  me  that  of 
the  goods  and  chattels,  lands  and  tenements  of  E.  F.  to  levy 
fixty-three  dollars,  feventeen  cents,  damages  and  cofis,  and 
alfo  by  virtue  of  one  other  writ  of  fieri  facias,  iffucd  out  of 
the  fame  couit,  and  ttfled  on  the  day  and  in  the  yearafore- 
faid,  at  the  fuit  of  G.  H.  to  me  dir-ded  as  afortfaid,  corn- 
■landing  me,  of  the  goods  and  chattels,  lands  and  tene- 
ments of  the  faid  E.  F.  to  levy  fifty- three  dollars,  eleven 
cents,  damages  and  cofis,  I  have  feized  and  taken  of  the 
lands  and  tenements  of  the  faid  E.  F.  all  that  certain  piece, 
parcel  and  traft  of  land,  fituate  and  being  in  the  town  of 
Coxackie,  in  the  county  of  Albany,  bounded  on  the  weft 
by  the  lands  of       on  the  north  Ly  the  lands  of       now  ' 

O  dfceafed, 


ConveyanciJ, 


deccafed,  on  the  eaft  by  the  road  leading  from  Lonenburgh  to 

Coxackie,  on  the  fouth  by  the  lands  of  yinJ  tvhereas,  the 
faid  preniifes  with  their  appurtenances, fince  tlie  feizurc  by  me 
made  by  virtue  of  the  faid  writs  of  fieri  facias  before  men- 
tioned, have  been  c xpofed  to  fale  at  public  vendue,  and 
purchafcd  by  J.  K.  of  the  town  of  Kinderhook,  in  the 
county  of  Columbia,  for  four  hundred  and  ten  dollars,  be- 
ing the  highed  fum  that  was  bidden  therefor  :  Now  know 
yCi  that  I  /4.  B  the  fheriff  aforefaid,  by  virtue  of  the  faid 
writs  of  fieri  facias  aforefaid,  to  me  direfted  and  delivered 
as  aforefaid,  and  by  virtue  of  the  flatute  in  fuch  cafe  made 
and  provided,  and  for  and  in  confideration  of  the  faid  [^lr^ 
of  four  hundred  and  ten  dollars,  to  me  in  hand  paid  by  the 
faid  y.  K.  the  receipt  and  payment  whereof  1  do  hereby 
acknowledge,  have  granted,  bargained  and  fold,  and  by 
ihcfe  prefects,  do  grant,  bargain  and  fell  unto  the  faid  y.K, 
his  heirs  and  afligns  for  ever,  the  faid  I  raft,  piece  and  par- 
eel  of  land,  with  its  appurtenances,  and  all  the  ellate,  rightt 
title  and  inteteft  which  the  faid  G.  H.  of  right  had,  of,  in 
and  to  the  fame  :  To  have  and  to  htld  the  faid  piece,  parcel 
and  traft  of  land,  with  its  appurtenances,  unto  the  faid 
y.  K,  his  heirs  and  ailigns  for  ever,  as  fully  and  abfolutely 
as  I  the  faid  A.  B.  might,  could  or  ought  to  grant,  bargain 
and  fell  the  fame,  by  force  of  the  ftatute  aforefaid  and  the 
faid  writs  of  fieri  facias  or  othcrv/ife.  Jn  tvjtnijs  whereof, 
I  the  faid  A.  B.  have  hereunto  fet  my  hand  and  feal,  the 
day  of  in  the  year  of  our  Lord  one  thoufand  cigh^ 
hundred.  /f.  B. 

SjsaUd,  i^c, 

A  Conveyance  by  Feoffment,  with  a  Letter  of 
Attorney  to  grant  Livery  and  Seijin. 

THIS  Indenture,  made       between 5.  of       of  the 
one  part,  and  C.  D.  of  of  the  other  part,  wit- 

neffeth,  that  for  and  in  confideratiou  of  the  fum  of  to 
the  faid  A.  B.  in  hand  well  and  truly  paid,  &c.  {^/Is  hefof^c 
in  the  releafe^  he  the  faid  A.  B.  hath  granted,  bargained, 
fold,  aliened,  enfeoffed  and  confirmed,  and  by  thefe  pre- 
fents  doth  grant,  bargain, fell,  alien, enfeoff  and  confirm  unto 


Con'veynncis, 


the  Tald  C.  D.  his  heirs  and  afiigns,  all  that  &c.  and  the  re- 
verlv;n  and  reverfions,  &c.  \^  Here  go  on  as  in  ihereleafe,  until 
you  ccme  to  7  o  have  &c.]  To  hate  and  to  hold  ihe  faid,  &c. 
unto  the  fai'd  C.  D.  liis  heirf  and  alligns,  to  the  only  pro- 
per ufe  and  behoof  of  him  the  faid  C.  D.  his  heirs  and  zfiigns 
for  ever, and  to  and  for  no  other  ufe,  intent  or  purpofe  what- 
foevcr.  And  the  faid  A.  B-  for  hiinfelf,  &c.  \_Hcre  go  thrcvgh- 
tut  iheiuhole  covenant  in  Ihf  rtleafe.'^  And  laftly ,  the  faid  A.Bm 
haih  made,  cc  nfliiuted  and  appointed,  and  by  thefe  prefcntj 
doth  make, conftitute  and  appoint  E.  F,  of  and  G.  H.  of 
his  true  and  lawful  attorntes,  jointly  and  eiiher  of  ihem 
fevcrally.  for  him  and  in  his  name,  place  and  ftc?d,  to  enter 
into  the  faid  and  prerTiifes,  with  the  appurtenances  hereby 
granted  and  conveyed,  or  mentioned  or  intended  fj  to  be,  or 
into  fome  part  thereof  in  the  name  of  the  whole,  to  enter,  and 
full  ard  peaecable  poflcfiion  srd  feifin  thereof,  for  him,  and  in 
his  name  and  ftead,  to  take  and  have  ;  and  after  fuch  poflefficn 
and  feifin  thereof  taken  and  had,  the  like  full  and  peace- 
able pofTeflion  and  feifin  thereof,  or  of  fome  part  there- 
of, in  the  name  of  the  whole,  unto  the  faid  C.  D.  or  to  hig 
certain  attorney,  f<>r  that  purpofe  nuthorifed,  to  give  and 
deliver  ;  To  hold  unto  liira  the  fa'd  C.  D.  his  heirs  and 
afiigns  for  ever,  according  to  the  true  intent  and  meaning  of 
thcfe  prcfents  ;  the  faid  A.  B.  hereby  ratifying,  confirm- 
Rig  and  allowing  all  and  whatfoever  his  faid  attorney  or  at- 
lornies,  or  either  of  them,  fhall  lawfully  do  in  the  premifci. 
In  witnefs,  &c. 


The  Method  of  giving  Livery  and  Seijtn. 

^TTJHERE  pofTelfion  and  feifin  is  to  be  given  of  lands, 
VV  '  the  feoffor,  or  perfon  that  grants,  or  fome  other 
perfon  by  his  deed  authorized,  going  upon  any  part  of  the 
land  granted,  delivers  to  the  feofTcc,  or  him  to  whom  the 
g^ant  is  made,  or  to  fome  perfon  by  his  deed  authorized  to 
receive  the  fame,  a  gold  ring,  or  any  other  thing,  but  ufu- 
ally  a  piece  of  clod  or  turf  cut  out  of  the  land,  and  deliver- 
ing it  into  the  bands  of  the  perfon  that  is  to  receive  th« 
poffefTon,  and  alfo  holding  in  his  other  hand  the  deed  of  fe- 
ofiFmtnt  executed,  cxprcfTes  hirafelf  ihuc,  viz.  I  A,  B-  [If 

the 


i6o 


Conveyances, 


tlie  feoffor  gives  feifin]  do  hereby  deliver  unto  yeu  C.  D.  [If 
the  feoffee  receives  it]  poj'ejfion  and  feifin  of  the  mejfuage  ar 
tenements,  lands  and  hereditaments  by  this  deed  granted,  to  hold 
to  you,  your  heirs  and  ajftgns  for  ever,  according  to  the  purport, 
true  Intent  and  meaning  of  the  faid  deed. 

Where  the  livery  and  feifin  is  to  be  given  of  a  houfe,  the 
feoffor  takes  ttie  ring,  the  key  or  other  thinfj  belonging  to 
the  door,  and  delivtrs  the  fame  to  the  feoffee,  the  feoffor 
and  feoffee  both  holding  the  deed  of  feoffment  and  the  rinji, 
or  other  thing  of  the  door,  and  the  feoffor  uttering  ihefe 
words,  /  A.  B.  do  here  deliver  you  pojfejfwn  and  feifin  of  this 
houfe,  according  to  the  tenor  and  effeil  of  this  deed. 

If  the  livery  be  given  by  a  peri'on  authorifed,  then  fay,  I 
f  mentioning  the  attorney's  name]  by  virtue  of  the  autho- 
rity to  me  in  th  it  lehalf  gi  ven  by  A.  B.  in  and  by  this  letter  of 
attorney  [he  holding  the  letter  of  attorney  in  his  hand,  along 
with  the  deed  of  feoffment  ;  but  in  cafe  the  letter  of  attor- 
ney be  infertcd  in  the  deed  itfelf,  then,  fay,  in  and  by  this 
deedj  do  hereby,  tfc. 


A  Memorandic-m  of  Livery  and  Seiftn  given  by 
Aitorivey  appointed,  how  indorfed. 

BE  it  renftcmberedj  that  on  the  day  of  in  the 
year  full,  quiet,  and  peaceable  poff;flion  and  fclfm 
vrashadand  taken  of  the  ineffuage,  &c.  within  mentioned 
by  one  of  the  attornies  within  named,  and  by  him  de- 
livered over  unto  the  within  named  to  hold.  Sec.  accord- 
ing to  the  purport,  intent  and  meaning  of  the  within  writ- 
ten indenture  \_But  ?f  the  letter  of  attorney  be  a  fperate  deed 
frtsm  that  of  the  feoffment,  then  fay,  indenture  or  deed  within 
mcrii'ioiied j  in  the  preftnce  of 


A  Deed  of  Partition  between  three  Copartner 
Coheireffes. 

^■^HIS  Ifidanlure  of  three  parts,  made  this       dny  of 
X         between  A.  £.  of,  &c.  one  of  the  daughters  of 
G.  B.  late  of,  &c.  deceafed,  of  the  one  part,  C.  B.  of,  &c, 

another 


I 


Conveyancet. 


another  of  the  daughters  of  the  faid  G.  B.  deceafed,  of  the 
fecond  part,  and  D.  B.  of,  &c.  alfo  another  of  the  daugh- 
ters of  the  fald  G.  B.  deceafed,  of  the  third  part.  Wherea* 
the  faid  G.  B.  late  father  of  the  faid  A.  B.  C.  B.  and  D.  B. 
ditd  feifed  in  his  dcmife  as  of  fee,  of  and  in  all  thofe  mef- 
fuagci,  &c.  without  leaTing  behind  him  any  male  heir  of 
his  body  lawfully  begotten,  or  making  atiy  difpofilion  of 
the  faid  prcmifes,  or  any  part  thereof,  whereby  and  by  which 
means,  ail  and  fingular  the  faid  mcffuagts,  Sec.  and  other 
the  rcaleftate  of  the  faid  G.  B-  deceafed,  are  defcended  and 
come  unto  the  faid  ^.  B  C.  B.  and  D.  B.  his  laid  daugh- 
ters :  Notu  this  indtnlure  ivitwjfcth,  Thai  the  faid  A.  B. 
C.  B.  and  D.  B.  have  made  partition,  and  by  thefe  pre- 
ferts,  do  make  a  full,  perftft  and  abfolule  partition  of  tbc 
faid  mefluagcs,  &c.  to  and  amongft  them  the  faid  A.  B. 
C.  B.  and  D.  B.  in  three  parts,  in  manner  and  form  fol- 
lowing, that  18  to  fay  :  that  fhe  the  faid  A.  B.  her  heirs  and 
afligns,  fhall  have,  hold  and  enjoy,  to  the  only  proper  ufe 
and  behoof  of  the  faid  A.  B.  her  heirs  and  afligns  for  ever, 
all  that  meffuage,  &c.  for  the  full  part,  (hare  and  propo:tior» 
of  her  the  faid  A.  B.  of,  in,  and  to  all  and  every  the  mef- 
fuages,  &c.  hereditaments  and  premifes  above  mentioned,  fo 
di-fcended  unto  them  the  faid  A.B.  C.B.  and  D  B.  as  afore- 
faid  ;  and  that  the  faid  C.B.  her  heirs  and  afligns,  fhall  have, 
hold  and  enjoy  to  the  only  proper  ufe  and  btlioof  of  the  faid 
C.  B.  her  heirs  and  afligns  for  ever,  all  that  mtfTua^e,  &c. 
fcr  the  full  pa:  t,  (hare  and  proportion  of  her  the  faid  C.  B. 
of,  in  and  to  all  and  tvery  the  faid  rceffuages,  &c.  fo  defcend- 
ed  unto  them  the  faid  A.  B.  C.  B.  and  D.B.  as  aforefaid  ; 
and  the  faid  D.  B.  her  heirs  and  afligns,  (hall  have,  hold  and 
enjoy,  to  lije  only  proper  ufe  and  behoof  of  the  faid  D.  B. 
her  heirs  and  afligns  for  ever,  all  that  meffuage,  Ike.  for  the 
full  part,  fliare  and  proportion  of  her  the  faid  D.  B.  of,  in 
and  to  all  and  every  the  faid  mefl"uage8,  &c.  fo  defcendcd  to 
the  faid  A.  B.  C.  B.  and  D.  B.  as  aforefaid.  And  the 
faid  C.  B.  and  D.  B.  do,  and  each  of  them  doth,  by  thefe 
prefents,  grant,  afiign,  releafe  and  confirm  unto  the  faid 
yt.  B.  her  heirs  and  affigos,  the  faid  mefi"urigc,  &c.  fo  at 
afoiefaid,  agreed  to  be  held,  as  aforefaid,  as  her  full  (hare 
•r  proporiioa  of  the  premifes  above  meniioued  and  de- 
O  2  fceuded 


14* 


Wills  and  Tejaments. 


icetidA:  as  arorefaitl,  to  ihe  faid  y/.  B.  C.  B.  and  D.  B. 
and  all  the  t  ftatc,  right,  title,  ir.tereft,  claim,  chalJingc  and 
demand  whatfoevsr  of  ihein  the  faid  C.  B.  and  1).  B.  of,  in 
or  to  the  faid  meffuage  above  mentioned,  and  hereby  re- 
kafed  to  the  faid  B.  as  aforefaid  ;  To  have  and  to  hold 
tile  faid  mciTuagc,  &c.  with  the  appui  tcnanccs  htrreby  re- 
leafed  and  cor.ti'mcd,  or  mtiitioned  or  intended  fo  to  be, 
vnto  the  faid  /I.  B.  her  htirs  and  alligos,  to  the  only  proper 
ufe  aiid  behoof  of  her  the  faid  A.  B.  her  heirs  and  adigns, 
iii  feveraliy  for  ever.  And  the  faid  A.  B.  and  D.  B.  do, 
&c.  [Here  infer!  the  like grnnt  from  them,  to  C.  5  ]  And 
the  (aid  A.  B.  and  C.  B.  do  \_The  like  nvi.'h  the  former  mufl 
be  made  to  D.  B.]  And  the  faid  C.  B.  and  D.  B.  do  fever- 
ally  and  apart,  and  not  jointly,  and  for  their  feveral  and 
rcfptdlive  heirs,  executors  or  admlnillracors,  covenant,  grant 
and  agree,  to  and  with  the  faid  /j.  B.  her  heir»  and  af- 
figns,  that  fhe  the  faid  A.  B.  her  heirs  and  afligns,  lhall  and 
may  froin  henceforth  for  ever  hereafter,  peaceably  and  qui. 
Clly  have,  hold,  occnpy,  poffefs  and  enjoy  the  faid  melTdage, 
ficc.  fo  allotted  and  releafed  to  her  tiie  faid  A.  B.  for  her 
part  or  fhare,  as  aforefaid,  free,  &c.  [H ere  go  on  luiihthe 
tovenant  for  quiet  enjoyment,  and  liksiuife  'with  that  for  fur- 
ther ajfurance,  which  ttvo  covetianis  mujl  be  repeated  recipro- 
cally, as  before  it  done  in  the  granting  part.  See  the  form  of 
thofe  covenants  in  a  conveyance  by  reltafe.'\     In  wiiaefs,  &c. 


Of  WILLS  and  TESTAMENTS. 


A WILL,  according  to  its  common  acceptation,  is  th« 
declaration  of  a  perfon's  mind  or  intent,  in  relation 
to  what  he  would  have  done  after  his  death.  The  com- 
n»on  law  calls  that  a  will,  whereby  lands  or  tenements  are 
devifed;but  when  it  concernf  only  chattels,  viz.  moveables  or 
luhat  is  not  inheritable,  it  is  called  a  tellament  ;  where  lands 
are  given  by  will,  it  is  termed  a  dcvife  ;  and  where  gooda 
and  chattels,  commonly  termed  a  perfonal  eftate,  are  be- 
queathed, it  \i  called  a  legacy.  Ccdul.  Orph.  Leg  part  I, 
eh.  4.  DeWfia 


IVillt  and  Teflamentj. 


Devifes  of  lands,  &e.  muft  be  in  writing',  fvgned  by  the 
deyifor  or  perfoti  giving,  generally  called  the  teflator,  at 
fome  other  perfon  by  liis  rxpi  tf»  (Jircilion,  in  the  prefcnce 
of  three  credible  witntffcs.  Ifaptifonal  eftste  of  abore 
the  value  of  thirty  pounds  be  bt.queatluu  by  word  of  mouth, 
which  the  law  calls  a  nuncupaiive  will,  it  mull  likcwife  be 
done  in  the  prefence  of  tiitce  witneflcs.  Sec  laws  of  Ncvr- 
York,  10  feff.  ch.  xUii.  from  fee.  15.  ad  fmem. 


T})e  Form  of  a  Will,  with  the  Devife  of  a  Real 
Eftate^  Lcafebaid,  i^c. 

IN  the  name  of  God,  Amen.  I  A.  C.  of,  &c.  being 
weak  in  body,  but  of  found  and  perfect  mind  anei 
ir.ea-.ory  \_0r  ycu  may  fay  thus,  confidciing  the  uncertainty 
of  this  mortal  life,  and  being  of  found,  &J.  blifTcd  be  Al- 
mighty God  f«r  the  lamej  do  make  and  publilh  this  nay 
lall  will  and  tellament,  in  manner  and  form  foHowiEg  (that 
is  to  fay,)  Firlt,  I  give  and  bequeath  unto  my  beloved  wife 
7-  C.  the  funs  of  I  do  alfo  give  and  bequeath  to  my 

eldeft  fan  G.  C.  the  fum  of  1  alfo  give  and  bequeatd 
Hnto  my  two  younger  fons  jf.  C.  and  F.  C.  the  lum  of 
each.  I  clfogive  and  bequeath  to  my  daughter-in- 
law  S.  H.  fingle  woman,  the  fum  of  wh.ich  faid  fevcral 
legacies  or  fums  of  money  1  will  and  order  (Tiall  l  e  paid  to 
the  faid  refpctkive  legatees  within  fix  months  after  my  de- 
ceafe.  I  further  give  and  devife  to  my  faid  claeil  fon  G, 
C.  his  heirs  and  affigns,  all  that  my  mcfliiage  or  tenement, 
fituated,  lying  and  being  in,  &c.  together  with  all  my  other 
freehold  eltate  whatfoever,  to  hold  to  him  the  faid  G.  C.  his 
heirs  and  ailigni  for  ever.  And  I  hereby  give  and  be- 
queath to  my  faid  younger  fons  f.  C.  and  F.  C.  all  my 
IcafeholJ  cllate  of  and  in  all  thofe  meffuages  or  tenements, 
with  the  appurtenances,  fituate,  &c.  equally  to  be  divided 
between  them.  And  laftly,  as  to  all  the  refl,  refiduc  and 
remainder  of  my  perfonal  eftate,  goods  and  chattels  of  what 
kind  and  nature  foever,  I  give  and  bequeath  the  fame  to  my 
faid  beloved  wife  f.  C.  whom  I  hereby  appoint  fole  exe- 
cutrix of  this  my  laft  will  and  tellament ;  hereby  rcToking 

all 


i64j  ani  TtJlamenU, 

all  former  wills  by  me  made.  In  witnefs  ivhereof  I  have 
hereunto  fet  my  han.i  and  ftal,  ihc  day  of  in  the  year 
of  our  Lord  one  thoiifand  A.  B. 

Signed,  fealed,  publifhird  and  declared  by  the 
above  named  A-  C.  to  be  his  lafl  will  and 
teftament,  in  the  prefmce  of  us,  who  have 
hereunto  fublcribed  oui  names  as  witneffes, 
in  the  prefente  of  the  teftator 

R.  S. 

W.  T. 
T.  IV. 


A  Codicil  to  a  Will,  that  is  to  fay,  a  Supplement 
or  Addition  to  it. 

I A.  Col  do  this  ddy  of  make  and  pu^)h'(h 
this  codicil  to  my  iaft  will  and  teftanienl,  in  manner 
following  (that  is  to  fay)  I  give  to  my  niece  M.  5. one  gold 
watch,  one  large  diamond  ring,  and  one  filver  coffee  pot. 
And  whereas  in  and  by  my  Iaft  will  and  teftament,  I  have 
given  and  bequeathed  to  my  daughter-in-law  G.  H.  thefum 
of  I  do  hereby  order  and  declare,  that  my  will  is  that 
only  the  fum  cf  be  paid  unto  her  in  full  of  the  faid 
kgacy  i  have  as  aforcfaid  given  and  bequeathed  unto  her  j 
and  that  the  remaitiing  part  of  the  faid  legacy  be  given 
and  paid  to  my  nephew  E.  G.  And  iafily,  It  is  my  dcfirc, 
that  this  my  prefent  codicil  be  annexed  to  and  made  a  part 
of  my  sltill  will  and  teftament,  to  all  intents  and  purpofes. 
In  witnfefs  whsreof  I  have  hereunto  let  my  hand  and  feal  this 
day  of      &c.  A.  C. 

Signed,  fealed,  puLlifhed  and  dfclsrrd  by  the 
above  named  /i.  C.  as  a  codicil  to  be  annex- 
ed to  his  Iaft  will  aad  te^taraeat,  in  the  pre* 

IV.  r. 

r.  jr. 


W;!t5, 


JVrllf,  tic. 


WRITS,  AFFIDAVITS,  PETITIONS,  &c. 


A  Latitat. 

The  people  of  the  (late  of  New- York,  by  the  grace  of  God, 
free,  &c. — To  the  fherifFof  See. 

WHEREAS  we  lately  commanded  our  fheriff  of 
that  he  rhould  lake  C.  D.  and  E.  F.  if  they  (hoiild 
be  found  in  hii  bailiwick,  and  fafely  keep  theno,  fo  that  he 
might  have  their  bodies  before  us  at  at  a  certain  day 

now  pad,  to  anfwer  to  A.  B.  of  a  plea  of  trefpafs  ;  and  alfo 
to  a  bill  of  him  the  faid  A.  againR  the  aforcfaid  C.  for 
dollar'!  of  debt,  according  to  the  ciiftom  of  our  court,  before 
us  to  be  exhibited.  Ai*d  our  faid  (heriff  of  at  that  day- 
returned  to  us,,  that  faid  C.  and  E.  were  not  tn  be  found  in 
bis  bailiwick  ;  whereupon,  on  the  belialf  of  the  faid  A.  it  is 
teftificd  in  our  court  before  us,  that  the  faid  C.  and  E.  do 
lurk  and  wander  up  and  down  in  your  county  :  therefore 
we  command  you  that  you  take  theiu,  if  they  (hall  be  found 
if)  your  bailiwick,  and  theai  fafely  keep,  fo  that  you  have 
their  bQdi«s  before  us  at  on  the  Ttie'"day  of 
next  to  aofwer  to  ihe  faid  A.  ef  the  plea  and  bill  afoiefaid  ; 
and  have  you  then  there  this  writ. — Witnefs  efquire, 
chief  juflice  of  the  day  of  in  the  year  of  our 
independtnce. 

0.  P.  attatney.  Bloodgood. 


Affidavit  Iff  the  Tenant's  refuf.ng  to  defend  an  EjeSment,  im 
order  to  ba-vethe  Landlord  admitted  Defendant, 

Supreme  Court. 

G.  JJ.leffcecf  J.  5.7 
agai«:ft  N.  N.  i 

T.  D.  of       tnaketh  oath,  that  he  this  deponent  did  this 
day  of      by  the  diredion  of  iV.  B.  landlord  of  the 
premifes  in  qutfiion  in  tbiecaufe,  apply  to  G,  B.  tenant  ia 

poScl&oB 


i66 


pofTefllon  of  the  fald  premifes,  to  know  wlictlicr  the  fald 
G.  B.  would  appear  and  hecoTie  deftnrlant  in  this  caufe,  or 
would  permit  the  faid  N.  B-  to  defend  his  title  to  the  pre- 
mifes in  the  name  of  the  faid  G.  B  and  this  deponent  at 
the  fame  time  fhewed  and  nfFered  to  dtlivrr  unto  the  faid 
G.  B.  a  note  under  fic^ned  by  the  faid  A'^.  B.  whereby  the 
faid  A^.  B-  promifed  to  defend  and  keep  tlie  faid  G.  B. 
harmlefs  from  all  cofts  and  charges  in  this  caufe  ;  but  the 
faid  G.  B  told  this  deponent,  that  he  would  not  appear  and 
become  defindant  in  this  caufe,  or  any  ways  concern  bimfelf 
therein. 

yf^rlnv'/l  of  Countermanding  Notice  of  Triah 

5 A.  B.  plaintiff", 
''  and 
C.  D.  defendant. 

j^.  B.  attorney  for  the  plaintiff,  maketh  onth,  That  tie 
this  depoT>ent  did  on  Tuffrlay  the  (/ix  d,iys  before  the 

day  noticed  for  the  trial)  countermand  notice  of  trial  in  this 
caufe,  by  ferving  the  defendant  (or  defendant's  attorney  a» 
the  cafe  may  be)  with  a  note  in  writing,  whereby  he  this 
CcpoTicnr  trmow  knov^'R  to  the  defendant,  that  the  plaintiff 
would  not  proceed  therein  at  term. 

Sworn       Before,  &c. 


jiff.davit  that  no  Notice  ivas  given  of  Executing  a  IVrit  of 
Inquiry,  to  fit  it  afidt. 

5 A.  B.  plaintiff, 
and 
C.  D.  defendant. 

C.  D.  defendant,  maketh  oath,  TTiat  the  writ  of  inqui. 
ry  lately  executed  by  the  plaintiff  in  this  caufe,  at 
was  exec\ited  without  any  notice  given  to  him  this  defend- 
ant,  of '.be  time  and  place  appointed  for  the  execution  there- 
•f.  C.  D. 

£worn,  before,  &c. 

The 


1^7 


The  defendant's  attorney  may  alfo  make  affidavit  to  the 
like  cffcft,  as  follows — 

Affidavit  by  an  Attorney,  that  no  Notice  waat  given  of  a  Writ 
of  Inquiry, 

E  F.  attorney  for  the  defendant  in  this  caufe,  maketh 
path.  That  ihe  writ  of  inquiry  executed  by  the  plaintiff  on 
lart,  was  etecuttd  without  notice  given  thereof  to  hitQ 
this  deponent,  ot  any  other  peifon  on  his  account. 

Sworn,  &c.  E.  ^. 


yiffiJavit  to  Change  the  V tntie. 

In  lie  Supreme  Court. 

f  A.  B.  plaintiff, 
between  <  and 

C  C.  D.  defendant. 

C.  D.  of  the  defendant  in  this  caufe,  maketh  oath, 
That  the  caufe  of  adlion  mentioned  in  the  declaration  de> 
livered  in  this  caufe  (if  any  fuch  there  be)  did  arife  in  the 
county  of  and  noc  in  the  city  of  norclfcwhere  out 
pf  the  faid  county  pf  CD. 

Sworn,  &c. 


Affidavit  of  the  Want  of  a  muii'rial  Wilnefi,  in  order  to  puf 
of  a  Tr  ial. 

In  the  Supreme  Court. 

A.  B.  plaintiff, 
•us. 

C.  D.  defendant. 

C.  D.  the  defendant  in  this  caufe,  maketh  oath,  That 
E.  F.  formerly  a  fervant  to  this  deponent,  is  a  material 
witntfs  for  this  depontnr,  in  this  caufe,  and  that  he  cannot 
fafely  proceed  to  trial  in  this  caufe,  without  the  tcdim  >ny  of 
the  laid  i'.  F.  And  this  deponent  faith,  that  the  fi<  d  E.F. 
now  is,  and  for  about  ten  months  lafl  pafi.has  been  in  the 
county  of        as  thij  deponent  is  infoimed,  and  verily  be- 

lives. 


i68 


IVritSy  iffe. 


Jives,  but  in  wliat  part  of  fhe  is,  this  deponent  does  not 
know,  nor  can  dilcover,  although  he  has  done  his  uimoft 
endeavors  to  find  out  where  fhe  is,  in  order  to  have  her 
ferved  with  a  fubpcena  to  icftify  in  this  caufe  ;  but  this  de- 
ponent faith,  that  he  is  informed  by  G.  H.  brother  of  the 
faid  E.  F.  that  the  faid  E.  F.  will  be  in  in  fix  weeks 

time,  and  this  deponent  verily  believes  that  fuch  information 
it  true,  and  that  fhe  will  be  in  by  that  time. 


JJfidavil  for  increnfe  of  Ctjls  nfier  Trial, 
In  the  Supreme  Court, 

!A.  B.  plaintiff, 
and 
C.  D-  defendant, 

C.  D.  ot       the  defendant  in  this  caufe,  and  E.  F^  of 

his  attorney,  feverally,  make  oath,  as  follows  :  And 
firft,  the  faid  C.  D,  for  himfelf  faith,  That  purfuant  to 
Botice  of  tiial  given  in  the  caufe  for  the  laft  circuit  court 
held  at  in  the  faid  county,  he,  this  deponent,  and  the  faid 
E.  F.  together  with  witnefTes  which  this  deponent  believes 
vere  material  and  neceflary  in  this  caufe,  to  wit,  G.  H.  of 

attended  at  the  faid  circuit  court  ;  and  that  all  the  faid 
witncffes  took  a  journey  from  their  refprctive  habitations  to 

aforefaid,  being  upwaids  of  ruiles  ;  and  that  this 
caufe  was  tried  on       the       day  of       between  and 

o'clock  noon  ;  and  that  thefe  deponents  and  the 
faid  witneffes  were  on  that  account  from  home  days  ; 
and  that  this  deponent  hath  paid  fot  horfe  hire,  and  oth- 
er necefTary  expences  of  himfelf,  his  faid  attorney,  and  the 
faid  witneffes,  on  tlieir  faid  journies,  ai  the  faid  circuit  court 
the  fum  and  this  deponent  C.  D.  for  himfelf  faith,  That 
he  paid  ( Fief  in  court  ar  to  tounjel,  &c,  ss  the  »afe  is.  J 
Sworo,  &c- 


169 


ji^JavU  for  Cojlt  for  Plaintiffs  not  proceeding  to  Trial  ae- 
cording  to  his  Notices. 

In  the  Supreme  Court. 

uis  in  the  lafl,  only  omit  thefe  words,  and  that  this  caufe  was 
tried  \_fuch  a  time'\  and  faying  inftead  thereof,  but  thefe  de- 
ponents, A.  B.  and  C.  D.  feveraliy  fay,  that  the  faid  plain- 
tiff did  not  piotced  to  trial,  according  to  his  faid  notice  ; 
neither  have  they  diteftly  nor  indireftly  received  any  coua- 
termand  of  the  fame  ;  and  that  thefe  deponents,  and  the  faid 
wiuitifcs  were  on  that  account  from  home  days.  [And 
then  go  on]  and  the  faid  A.  B.  forhimlelf  further  fayj,  that 
be  hath  paid,  &c.  as  in  the  lad. 

If  couct-rmand  be  received  too  late,  fay,  Neither  had 
they  direftly  or  indiredtiy  received  any  countermand  of  the 
fame,  till  the       day  of  &c. 

Note  ;  There  mufil  be  a  motion  for  cofts. 


Affula'vit  for  Judgment  ( as  in  cafe  of  nonfuit )  for  not  proceed- 
ing to  T rial  the  next  Circuit,  i=fc.  after  IJfue  joined. 
In  the  Supreme  £ourt, 
B.  plaintiff, 
and 

C.  D.  defendant. 

^.  B  of  gentleman,  attorney  for  agent)  for  the  de- 
fendant in  this  caufe,  maketh  oath,  1  hat  ifliie  was  joined  in 
this  caufe  as  of  term  lall,  and  that  the  plaintiff  did  not 
proceed  to  trial  at  the  then  next  circuit  court  to  be  held  fof 
the  county  of  and  that  the  faid  deponent  on  the 
day  of  inftant,  giving  notice  to  the  attorney  [ar 
agent']  for  the  plaintiff,  that  this  honorable  court  would  be 
moved  to  morrow,  or  as  foon  after  as  counfel  could  be  heard 
for  judgment  as  in  cafe  of  nonfuit,  purfuant  to  the  rules  and 
orders  of  this  court,  aad  the  laws  of  the  ftate  New- York. 
li  fcfs.  ch.  46.  5  13. 

r 


P 


^Jidavit 


17© 


jlJiJavU  of  ftrving  Ru!e,  anef  Jeman/Ung  Cojli,  in  order  to  eb' 
lain  an  Attachment  by  the  Defendant. 

In  the  Supreme  Court, 

!A.  B.  plaintiff, 
and 
G.  D.  defendant. 

C.  D.  of  the  defendant  in  thi«  caufe  maketh  oath. 
That  he  this  deponent,  on  laft  paft  perfonally  ferved  B. 
the  above  plaiiiiifF,  with  a  true  copy  of  the  rule  and  taxation 
hereto  annexed  ;  and  at  the  fame  time  fhewed  him  the  ori- 
ginal  rule  and  taxation,  and  demanded  of  him  the  money 
mentioned  in  the  faid  taxation  ;  but  the  faid  j1.  B,  refufed 
(or  negkSed)  to  pay  the  fame.  C.  D, 

Sworn,  &c. 


AJJida'oU  by  a  Letter  of  Attorney. 

If  the  Defendant  deputes  any  to  receive  it,  which  muft  b« 
by  Letter  of  Attorney  then  fay, 

In  the  Supreme  Court. 

CA.  B.  plaintiff; 
Between  <  and 

iC.  D.  defendant. 

A.  B.  of  maketh  oath,  That  (at  above)  and  at 
the  fame  time  demanded  the  money  mentioned  in  the  faid 
taxation  (then  go  on)  and  (hewed  him  a  letter  of  attorney 
from  the  defendant,  authorifing  this  deponent  to  receive  th« 
fame  ;  but  the  faid  A.  B.  rtfufcd  (or  nefleBed)  to  pay  tli9, 
fame. 


Affidavit  to  movt  an  arrefi  of  Judgmtnt  or  neto  Tri»h 
Firfl,  that  no  notice  was  given, 

C-  D.  of  the  defendant  in  this  caufe  maketh  oatlif 
That  he  this  deponent  had  no  notice  of  trial  in  this  caufe* 
for  the  laft  circuit  c^uit  held  for  the  county  of  but  that 
the  fame  was  tried  without  apy  notice  given  thereof  to  hin) 
this  depoaeat.  CD. 

Secondljif 


IVrilf,  &c. 


171 


Secondly,  That  the  record  difFeri  from  the  deed  pleaded. 
That  the  record  whereon  this  caufe  was  tried  at  the 
laft  circuit  court  held  for        differs  fnim  the  deed  plead- 
ed on  the  faid  trial,  for  in  the  record  of  the  faid  caufe  the 
deed  is  mentioned  to  bear  date  and  to  be  made  be- 

tween and  the  deed  is  dated  on  and  made  between, 
kc.  C.  D. 

Thirdly,  That  there  was  a  defeft  in  pleading. 

E.  F-  attorney  for  defendant,  maketh  oath,  that 
'the  counfel  for  the  plaintiff  in  this  caufe  pleaded  when 
they  (hould  have  pleaded  or  before  the  defendant  plead- 
«d  his  plea  of  Not  Guilty  contrary  to  the  courfe  of  prac- 
tice in  this  court.  E.  F. 


jlJfidavU  it  obtain  Leave  to  enter  up  a  Judgment  on  on  old 
IVarrant  of  Attorney. 

In  the  ivpreme  Court. 

!A.  B.  plaintiff, 
and 
C.  D.  defendant. 

A.  B.  of  and  E.  F.  of  feverally  make  oath,  and 
firft,  the  faid  .i.  B.  for  himfelf  fa  th,  that  the  fum  of  tfS 
dollars  p«rt  of  the  debt  fecured  to  be  paid  unto  him  this 
deponent,  in  and  by  one  bond  or  obligation,  in  the  penal 
fum  of  180  dollars,  beating  date  the  8th  day  of  September, 
in  the  year  of  our  Lord  1  770,  entered  into  by  the  faid  de- 
fendant C.  D.  unto  him  this  deponent,  (and  for  which  the 
d-ponent  haih  3  warrant  of  attorney  executed  by  the  faid 
defendant,  bearing  even  date  with  the  bond  sforefaid,  to 
confefo  judgment  thereon  in  this  honorable  court)  is  ftill 
due  and  owing  unto  him  this  deponent.  And  this  de- 
ponent further  faith,  that  the  aforefaid  C  D.  is  now  alive, 
as  this  deponent  veri'v  believts,  he  this  deponent  having 
feen  and  difcourfed  with  the  faid  defendant  on  the  firft  day 
of  this  inftant  May.  And  the  aforefaid  E.  F.  for  himfelf 
faith,  that  he  was  prefent.and  did  fee  the  faid  defendant  CD. 
tlu'y  execute  the  bond  and  w  arrant  of  attorney  above  men- 
tioned :  And  further  faith,  that  the  name  of  E.  F  fub; 

fcribed 


172 


fci  ibed  as  a  witnefs  to  the  fame  bond  and  warrant  of  at- 
torney aforefaid,  is  of  this  deponent's  own  proper  hand 
writing. 

^.  B. 

Sworn,  &c.  £,  F. 


Affidavit  that  the  Plaintiff  has  tvit  the  Deeds. 
Between,  &c. 

A.  B.  the  plaintiff  in  thin  eaufe  msketh  oath  That  he  hatk 
not,  nor  to  the  bed  of  his  iinowkag  ,  remernbrancc  or 
belief,  ever  had  any  the  deeds,  evidences  and  writings  re- 
lating to  the  eftate  inqiieftion  in  this  caufc,  and  wfiichare 
mentioned  in  the  defendant's  bill  filed  againfl  the  faid 
plaintiff  or  any  of  them,  nor  doth  this  deponent  know 
where  the  faid  deeds,  evidences  and  writings,  or  any  of 
them  no  AT  are,  unltfs  they  be  in  the  cuftody  or  power  of 
the  faid  defendant.  A.  J3, 

Swoin,  &.C. 


JJJlda  vU  that  the  Plaintiff  had  Deeds  lut  ha'h  lojl  them. 

r  A.  B.  plaintiff,  and 
Between  X  and 

t^.  D.  defendant. 

The  plaintiff  A.  B.  of  maketh  oath,  That  fometime 
fince,  on  laft,  the  deeds  now  fued  for  in  this  caufe,  were 
in  his  cuftody  and  poffeflion  ;  but  fuice  the  faid  time  he  this 
deponent  hath  accidentally  loft  them.  And  this  deponent 
farther  maketh  oath.  That  he  doth  not  know  where  the  faid 
writings  are,  unlefs  they  arc  come  to  the  hands  of  the 
defendant. 

Or,  that  the  faid  writings  are  now  in  the  cuftody  of  the 
defcndStH  ;  as  he  is  informed  and  believes. 
Sworn,  &c. 

Jiffulav'tt  of  feeing  Deeds  executed. 

B.  of       maketh  oath.  That  he  this  deponent  did  fee 
the  parchment,  writings,  or  indenture,  hereto  annexed,  bear- 
ing 


ing  date  fcaled  and  executed  bjr  therein  nam.-d  ; 
and  did  alfo  fee  one  other  writing  bearing  date  and  nade 
bt-twcen  executed  by  arid  he  this  ritpcnent  fublcrib- 
cd  his  name  to  each  of  the  faid  wricings.  or  indentures  cf 
as  a  witnefs  to  cue  fealing  and  exccuiioa  of  them  re* 
fpc£live!y. 
Sworn,  Sec. 


^JiAavll  that  Defendant  cannot  anfwer  ivhhout  Sijhl  of  Deeds. 

Wlihout  the  fight  of  the  indenture  &c.  in  the  laid 
bill  referred  to,  which  is  at        \^ns  in  the  Jii/l  ] 

/IJiJavit  that  Defendant  cannot  anfiuer  without  Sig't  of  Goods. 

^  defendant  Sec.  that  he  this  deponent  cannot  give  in 

a  full  and  perfcA  anfwer  to  the  bill  of  complaint,  without 
the  fight  and  pernfal  of  the  goods  and  things  mentioned  in 
the  faid  bill,  which  things  are  now  at  above  twenty 
miics  diftant  from 


/IJfulavit  that  Defendant  is  not  able  to  attend  tegive  hit  Anfiver 
to  obtain  a  Dedimus  Poiejlatem. 

.  That  the  defendant  in  this  fuitjby  reafon  of  Lnir.enefs 

with  the  gout,  which  for  fome  tiitie  palt  hath  lonfined  him 
to  his  chamber,  is  difabled  to  attend  lo  perfcdt  his  anfwer  lo 
the  complainant's  bill  of  complaint  in  this  cuufe. 


jij^Jo'vit  of  a  Pauper,  that  he  is  not  tuorih  five  Dollars  to 
profecute  in  Forma  Pauperis. 

.  That  faid  maktth  oarh,  That  he  this  depo- 

B«nt  is  not  worth  in  all  the  world  the  fum  of  five  dolhrs  in 
landsjtenemenis.goods  orchattirls  (his  wearing  apparel, and 
ihe  matters  of  the  fuit  only  excepted.) 


Ta  defend  in  Forma  Pauperis. 

— —  The  faid  defendant  makeih  oath,  That  his  debts  be. 
iDg  f)aid>  he  is  not  worth  five  dollars  in  the  world. 

P  2  Affidavit 


174 


•    ylJldavU  that  the  Defendant  Is  Jich,  and  not  able  to  anjwer. 

E.  F.  of  maketh  oath,  that  on  laft  he  faw  C.  D. 
the  defendant  in  this  caufe,  at  his  houfe  at  and  that  he 
was  then  fo  very  fick  and  weak  in  bed,  &c.  that  he  was  not 
capable  of  anfwcring  the  complainant's  bill  of  complaint  in 
thiu  fuit,  as  he  this  deponent  apprehended. 


j^Jlidavit  on  the  /IJfignment  of  a  jfudgmeni,  thai  the  Perfon  has 
not  received  SalhfaSton. 

In  the  Common  Picas. 

!A.  B.  plaintiff, 
and 
C.  D.  defendant. 

B.  maketh  oath,  That  he  this  deponent  in 
termlafl  obtained  a  final  jtidgment  in  thiscoui-t  againft  tlie 
faid  defendant  for  and  this  deponent  faith,  that  fince 
obtaining  fuch  judgment  he  hath  not  alFigntd,  transferred, 
of  fel  over  at  any  time  or  times  vvhatfoever,  to  any  perfon  or 
rcrfonswhomfoever,  the  faid  judgment  or  aiiy-ljenefit  arifing 
hereby,  nor  hath  this  deponent,  or  any  othn  perfon  orptrfons 
on  thio  deponent's  account,  received  any  fatistaftion  for  the 
fime  or  any  part  thereof,  either  from  the  faid  defendant  or 
any  other  perfon  or  perfons  in  any  wife  relcafed  the  fame-, 
but  that  the  fame  ftill  continues  in  full  force  againft  the  (aid 
defendant.  ^  ^_ 

bworn,  &c. 


Jjldav'tt  of  Money  being  paid,  to  fet  aftde  a  judgment  inhere 
SatisfaBion  is  not  entered. 

r  E.  F.  plaintiff, 
Between  I  and 

I  G.  H.  defendant. 

G.H.  defendant  in  this  caufe,  maketh  oath,  That  he 
this  deponent  on  did  pay  to  /.  K.  as  executor  of  whom 
the  plaintiff  fu-es  this  deponent,  the  fum  of  in  full  fatis-. 
faftion  of  the  juugoient  now  profccutcd,  though  fatisfaftion 

was 


Writs,  isfc. 


175 


W.1S  not  entered  011  record  by  the  faid  /.  A',  in  his  life  time  ; 
and  that  this  deponent  had  no  notice  of  the  fcire  facias  fued 
agaiiift  him,  whereupon  he  might  have  pleaded  th-c  fame. 

Sworn,  &c.  ^'  ^' 


Ajidavit  of  Service  of  a  Subpetna  in  Chancery  ( where  there 
are  fcveral  Defendants.) 

P,  ^  of  Gent,  reaketh  oa^h,  that  he  this  deponent 
on  ferved  the  defendant  6".  Z).  on  fsrvcdthe  defendant 
F,  F.  and  on  ferved  the  defendant  G.  H.  with  a  writ 
of fubpctna  iff'jed  out  of,  and  under  the  f^ral  of  this  honorable 
court,  by  delivering^  to  the  faid  C.  D.  and  E.  F.  each  of 
tliem,  a  label  thereot,  and  fhewlng  them  the  faid  writ  fo  un- 
dor  teal  and  by  delivering  the  . faid  writ  unto  t!ie  faid  E.  F, 
and  G.  H.  by  which  faid  wri:  the  faid  defendants  weredi* 
re£lcd  to  appear  on        at  the  fuit  of,  &c. 


Where  t<wo  Suhpcenas  ferved  on  many  Defendants. 

 ferved  the  defendant  CD.  with  a  Suiftena,  &c.  by 

delivering  a  label,  Sec.  ^asaiov.^]  and  on,  &:c.  ferved  the  de- 
fendant E.  F,  with  the  faid  fulpcena  by  delivering  him  the 
fame  fulpttna  MvtA^x  feal  .as  aforefaid;  and  this  deponent 
further  faith,  That  on  he  this  deponent  ferved  the 

other  defendants  with  znoi\\tx  fubpctna,  &c.  \as  before']  by 
delivering  a  label  [_or  .the  lurit^  which  faid  fuhpoenas  were 
both  returnable,  &c.  at  the  fuit  of  the  faid  complainants,  as 
by  the  label  thereof  appeared  to  this  deponent. 

Affidavit  of  Service  of  Subpana  for  Cofls. 

E.  F.  of  maketh  oath.  That  on  he  this  deponent 
pcTfonally  ferved  the  dtfendnnt  with  a  writ  of  fub' cena  of 
this  hDnc-able  court,  by  delivrring  the  faid  writ  under  feal 
to  the  defendant ;  by  which  faid  writ  the  defendant  was  en- 
joined to  pay  the  fum  of  &c.  to  the  phiintiff  for  cods  ;  and 
he  this  deponent  then  demanded  the  fuTi  of  for  the 
plaintiff's  ufe;  but  the  defendant  refufed  to  pay  the  Hime. 

E.F. 
/JJidauit 


Writs,  ^c. 


jiffidav'tt  of  ferving  a  Suhpanato  hear  judgment. 

That  he  this  deponent  on  did  perfonally  ferveoneof 
the  defendants  In  this  caufe  with  a  writ  of  Jubpeena  in  this 
caufe  ifTuing  out  of  and  under  the  feal  of  this  honorable 
court,  by  delivering  to  the  faid  f.  T.  the  label  of  the  faid 
fubpana,  and  at  the  fame  lime  fhewing  him  the  faid  fubpcena 
ilfelf,  by  which  fubpana  the  faid  was  commanded  to 
appear  in  this  honorable  court  on  to  hear  judgment  at 
the  fuit  of  the  faid  plaintiff  on  - 

^J^davit  of  the  Plaintiff'' t  feeing  a  Per/on  fer'je  a  Subpana, 
tvhere  the  Perfon  •who  ferved  the  Subpgna  is  either  dead  or 
abfcundt. 

Between,  &c. 

A.  B.  the  plaintiff  in  this  caufe  maketh  oath,  That  he 
this  deponent  was  prefent  on  the  day  of  and  faw 
C.  D.  of  &c.  perfonally  fetve  E.  F.  the  defendant  in  this 
caufe  with  a  fubpana  iffuing  out  of  and  under  feal  of  this 
honorable  court  by  delivering  unto  the  faid  F.  F.  the  body 
of  the  faid  fubpana  fo  under  feal  as  aforefaid,  by  which  faid 
fvlpana  the  laid  E.  F,  was  diredled  to  appear  in  this  hon- 
orable court  the  day  of  at  this  deponent's  fuit ;  and 
this  deponent  further  maketh  oath,  that  he  this  deponent 
hath  made  ftri£l  inquiry  after  the  faid  C.  D.  in  order  for 
him  to  prove  the  fervice  of  the  faid  fubpana.  but  this  depo- 
nent cannot  gtft  any  other  intelligence  of  him,  but  that  he 
M  either  dead  or  abfconds,  fo  as  he  cannot  be  found. 


Affidavit  that  Defendant  abfconds  to  avoid  being  fewei  twith 
a  Wrtt  of  Subjcena, 

Between,  &c. 

A,  B.  the  plaintiff  in  this  caufe,  maketh  oath,  That  the 
defendant  C.  D.  on  the  ftriileft  fearch  and  enquiry  at  his  ufual 
phce  of  refnience  and  elfewhere,  tar.iioi  be  touiid  to  be  ferved 
wi  h  a  writ  of  fubpcena,  iffiied  out  of  ihis  honorable  court, 
returnabif,  &c.  at  this  deponent's  fuit  ;  and  this  deponent 
fuither  m.ikeih  oaih,  Thai  he  this  deponent  juftly  fuljiefis 
the  faid  detendani  C.  D.  is  gone  beyond  the  feas,  or  now  ab- 
fconds and  keeps  out  ef  the  way  to  avoid  being  feived  w  ith 


Writs,  bfc. 


177 


the  aforefaid  procefs*  as  this  deponent  h«th  been  credibly 
intoiined  by  X.  T.  which  information  this  deponent  verily 
beiieves  to  be  true,  and  without  having  enteted  any  appeal" 
ance  in  this  caufe. 

Sworn,  &c.  A.  B, 


*5ee  17  Vin.  Aj.  p-  543.  pi.  8.  in  nu-gin,  alfj  ib.  pi,  9. 

Affidavit  of  IVaJie  committed,  on graattng  a;i  Injun£lion, 

r      B.  plaintiff. 
Between  <  and 

[  C.  D.  defendant. 

A.  B.  the  complainant,  maketh  oath,  That  C.  D.  the  de- 
fendant in  this  caufe,  on,  &c.  laft  paft,  did  pull  down  and 
deftroy  part  of  the  houfe  and  outhouft^s  Sec.  to  which  the 
complaitiant  hath  lawful  tide,  and  for  which  he  is  now  fuing 
the  defendant  ;  and  that  the  faid  C.  D.  did  alfo  fell  and  cut 
down  feverai  timber  trees  upon  the  lands  belonging  to  the 
fame,  ai  d  conii.  ues  to  commit  other  wafte  and  fpjil  in  and 
upon  the  eftate  of  the  faid  A.  B.  to  the  great  damage  of  him 
this  deponent, 

Swoin       before,  Sec,  A.  B, 

Affidavit  of  fer'ving  an  InjunSllaH. 
Between,  &c. 

■G.  U.  of  &c.  maketh  oaih,  That  he  this  deponent  did  on 
the  day  of  p'rWonally  ferve  the  defendant  in  this  caufe 
with  a  true  copy  of  an  injunction,  iiTued  out  of  this  honorable 
court  in  this  caufe,  and  this  deponent  did  at  the  fame  time 
(hew  unto  the  faid  defendant  the  originil  writ  of  injundioa 
then  under  tlie  feal  of  this  honorable  court. 

Sworn,  &c.  G.  H. 


Affidavit  of  the  Ser  vice  of  a  Decree, 

{A.  B.  plainiiff, 
a!  id 
C.  D.  defendant. 

A.  B.  of  maketh  oath,  Thit  upon  laft,  he  this 
deponent,  did  peifoually  feivethe  defendaat  with  the  writ  cf 

executiott 


Writf,  ^c. 


execution  of  a  decree  made  in  this  caufe,  by  (hewing  the  faid 
writ,  ur»der  feal  of  the  faid  court,  unto  the  faid  defendant,  at 
bishcufe  in  and  delivering  unto  him  a  copy  thereof,  by 
which  decree  and  writ  the  detendant  was  to  pay,  &c.  in  the 
decree  mentioned.  And  ;it  the  fame  time  this  deponent  (hew- 
ed unto  the  faid  defendant  a  letter  of  attorney  under  the  com- 
plainant's hand  and  feai  impoweting  this  deponent  to  aik  and 
receive  of  the  faid  defendant  the  (aid  fum  of  a  copy  of 
which  faid  letter  of  attorney  thisdeponert  then  alfo  left  with 
the  faid  defendant,  of  whom  he  did  demand  the  faid  fum  of 
but  the  defendant  did  not  then  pay  the  fame,  or  any 
part  thereof,  to  this  deporent,  nor  haih  he  yet  paid  the  fame 
to  this  deponent,  or  to  the  plaintiff,  or  to  any  other  peifon-fot 
his  ufe,  to  this  deponent's  knowledge  oi  belief. 
Sworn      bcfure>  &c< 


Affidavit  ivbere  the  Plaintiff  cannot  be  found. 
B'-tween)  &c. 

A,  B.  of  attorney  for  the  defendant  in  thiscan(e,  mak« 
eth  eath,  That  he  this  deponent  hath  feveial  times  lately  ufsd* 
his  utmoft  endeavors  to  find  out  the  complainant  in  this  caufe 
but  after  the  (\riftefl  inquiry  this  deponent  cannot  heat  or 
learn  any  thing  of  him,  though  this  deponent  made  inquiry 
after  he  faid  complainant  at  where  this  deponent  was  in- 
formed he  rertded  ;  and  this  (deponent  further  makciii  ujih» 

That  he  hath  applied  to  Mr.    the  faid  complainant's 

clerk  in  court,  and  to  Mr.   the  faid  complainant's  fo- 

licitor  in  this  caufe,  to  be  informed  by  them  where  the  faid 
complainant  lived  or  might  be  found,  who  refufed  to  give  this 
deponent  any  knowledge  or  fatisfa^ion  therein. 

Sworn,  &c.  J.  B. 


Affida'vit  of  the  Solemnization  of  Marriage. 
A.  B.  of  maketh  oath,  That  on  in  the  year 
or  as  near  the  fame  as  this  deponent  can  remember,  he  this 
deponent  was  prefent  at  the  hnufe  of  and  did  then  and 
there  fee  the  reverend  Mr.  T.  D.  marry  Mr.  C.  D.  to  Mifs 
E,  F.  which  marriage  was  then  and  there  folemnized  about 
the  hour  of  nine  in  the  forenoon,  to  the  beft  of  this  deponent's 
lemembtance. 

Sworn,  &c,  /I.  B. 

Affidavit 


179 


A^avit  that  the  Plaintiff  treated  the  Jury. 

The  faid  E.  F.  maketh  oath,  that  J.  H.  attorney  for 
the  plaintiff,  on,  &c.  laft,  before  the  tnal  of  this  caufe 
came  on,  treated  with  witie  and  eatables  the  jury  impan- 
neled  for  trying  (his  caufe,  particularly  y.  K.  and  L.  M. 
at,  he.  E.  F. 

S\arorn,  &c. 


Affidavit  that  a  Dtit  remains  due,  and  no  Part  of  it  receive  J. 

L.  M.  of  maketh  oath,  that  neither  he,  nor  any 
Other  perfon  or  perfoiis  for  him,  or  to  his  ufe,  to  his  know* 
kdge  or  belief,  have  or  haih  received,  cither  diretlly  or  in- 
directly, any  pait  of  the  fum  of  due  to  him  this  depo- 
Seot,  from,  &c.  And  that  not  only  the  whole  fum  of 
but  all  the  interell  thereof  from,  8fc.  now  remains  juftly 
due  and  owing  to  this  deponentt 

Sworn,  itc.  L.  M, 


jlfftdavit  that  a  Perfcn  is  feixed  in  Fee. 

E.  F.  of  maketh  oath,  that  for  and  notwithftand- 
ing  any  aft,  matter  or  thin^  whatfotver  hid,  made,  cora- 
mitted  or  done,  or  fnffercd  by  this  deponent  to  the  contra- 
ry, and  for  and  notwith'.lan.^ing  any  ad,  matter  or  ihinj 
whatfoever  had,  made,  committed  or  done,  or  fuffered  by 
C.  D.  this  deponent's  late  father  deceafed,  to  the  contra- 
ry, to  the  knowledge  or  belief  of  this  deponent,  he  tbii 
deponent  is  fcized  in  fee  fimple  or  in  fee  tail  general  of  and 
in  certain  lan^s,  tenements  and  hereditaments,  fituated, 
lying  and  being  in,  Sec.  which  the  aforefaid  •-.  D.  his  father 
purchafed  of  and  from  G  H.  ano  J.  K.  and  arc  now  m 
the  pofTcflion  of  L.  M.  or  his  afligns,  as  this  deponent'* 
tenant,  being  all  the  lands  this  deponent  claims  within  the 
town  of  And  tkis  deponent  further  faiih,  that  the  faid 
premifes  or  any  part  thereof  are  not  comprehended  or  in- 
cluded in  any  marriage  fettlement  made  by  this  deponent 
or  his  faid  late  father,  or  either  of  chem.  or  in  any  other 
marriage  fettlement,  to  the  knowledge  or-  belief  of  this  de< 
ponent.  E.  F. 

Sworn,  kc.  ^davit 


l8o 


^iJav'it  that  Lands  an  of  juch  an  yearly  Value,  on  a  Pur- 
chafe. 

E.  F.  of  Gent  maketh  oath,  that  the  meffuage  or 
tenement,  &c.  wiih  the  lands  and  premif^s  thcrtunto  be- 
longing, fituated,  &c  in  and  by  certain  indentures  of  leafe 
and  rtlrafc,  bearing  date,  &c.  and  masie  bttwetn 
Conve)ed  to  G,  H.  Efq.  now  are  in  this  deponent's  judg- 
ment, worth  100  dolls,  per  annum  to  be  let  ;  and  that  the 
faid  m<  ffiiage  or  ti-netncnts,  ai  d  lands,  have  been  let  at 
the  ate  of  lOO  dolls  per  annum,  for  twenty  years  pad  by 
him  tliis  depo  nent,  without  ai.y  private  coiitraft  or  agree- 
ment for  returning  any  •patt  of  the  rent  to  the  tenant 
and  occupiers  thereof,  or  any  other  perfon  or  perfons 
whonjf'  ever,  foi  their  ufe,  benefit  or  advantage  : — And 
alfo  that  he  th''i  dtponent  hath  not  given,  paid  ol^allowcd 
any  gift,  grxtuity  or  reward,  of  money  or  other  thing  to  the 
te  ants  ot  t'tii  faid  premifes,  or  to  any  other  petfon  whom- 
foevtr  for  the ir  ufe  or  benifit,  as  a  confideration  for  their 
p?.^  ing  the  faid  rem  of  too  dolls,  per  annum,  to  this  depo- 
riciit,  l;n»  the  fame  hath  been  very  fully  and  bona  fide  paid 
to  tiiis  deponent,  without  any  dcdudion  during  the 
term  a^oiefaid,  /l.  B, 

jSworo,  &c. 


PETITIONS. 

Petition  for  an  Infant  to  fue  hj  Proche'tn  Amy. 

To  the  honorable  John  Lanfing,  jun.  efq.  chief  juftice  of 
the  fupreme  court  of  judicature  of  the  Rate  of  New« 
York,  and  to  the  reft  of  the  juftices  of  the  faid  court. 

The  humble  petition  of  E.  F.  of       in  the  county  of 
Sheweth, 

THAT  your  pcMtioner  having  lately  brought  an  aftion 
in  the  faid  fupreme  court  againft  one  G.  H.  of  in 
the  county  of       in  a  pica  of  Irefpafs  on  the  cafe  ;  and  your 

petitioner 


petitioner  belnjj  an  infai)t  under  the  age  of  twenty-one 
years,  to  wit,  of  the  age  of  years, 

Your  petitioner  therefore  humbly  prays.  That  he  may 
be  admitted  to  profccute  the  faid  aflion  by  y.  K. 
of  in  the  county  afoicfaid,  his  next  fritnd.  And 
your  petitioner  fhall  ever  pray. 

E.F, 

Note  ;  The  fame  form  will  do  in  the  common  pleas  mu- 
tails  mutandis. 

y.  K.'s  confent  to  be  written  under  the  petition. 

I  do  hereby  confent  and  agree  thai  the  faid  E.  F.  may 
be  admitted  to  profccute  the  action  in  thepttition  above 
mentioned,  by  me  as  his  next  fritnd  ;  and  I  hereby  promife 
and  agree  to  pay  all  cofts  that  fhall  or  may  happen  for  or 
on  account  thereof :  A»  witnefs  my  hand. 

7.  /ST. 

Puttlon  to  admit  an  Infant  to  defend  by  Guardian, 
To,  &c.  (as  in  the  laft  petition) 
The  humble  petition  of  E.  F.  of       in  the  county  of 
Sheweth, 

THAT  an  aS.ion  of  having  been  commenced  in  the 
faid  court  of  againft  your  petitioner  by  one  G.  //. 
snd  your  petitioner  being  under  the  age  of  ^twenty-one 
years,  to  wit,  of  the  age  of  years. 

Your  petitioner  therefore  humbly  prays,  That  he  may 
be  admitted  to  appear  and  n-ake  his  defence  in  the 
Caid  aftion  by  J.  K  his  guardian.  And  your  pe- 
titloaer  fhall  ever  pray. 

E.F, 


Special 


J 83  fFrlts,  (s'f. 

^  Special  Bail  Piece  on  a  Cepi  Corpus  in  Supreme  Court, 


Of  the  term  of  April,  in  the  year  of  our  Lord  one 
thoufand  eight  hundred. 

Albany,  J[. — E.  F.  of  the  city  of  ScheneAady,  In 
the  county  of  Albany,  yeoman,  is  delivered  on  bail  up- 
on a  cepi  corpus  to  G  H.  of  the  town  of  Duanefburgh, 
in  the  county  afoiefaid,  gentleman,  and  J.  K.  of  the 
town  of  Bethlehem,  in  the  county  aforefaid,  gentleman, 
at  the  fuit  of  L,  M. 

N.  attorney  for  the 
defendant. 

Taken  and  acknowledged, 

the  twentieth  day  of  July,  In 
year  of  our  Lord  one  thoufand 
tight  hundred. 

Before  me, 


Note  ;  Bail  pieces  upon  a  habeas  corpus,  or  on  certiorari, 
differ  only  inllead  of  faying  cepi  corpus,  fay  habeas  carpus^ 
tertiorari. 


Notice*. 


Mr.  J. 


tVriU,  £i>V.  183 
NOTICES. 

0/  Trtah. 
E.  F.  agair.a  G.  H. 


'AKE  notice  that  this  caufe  will  be  tried  at  the  next 
circuit  coutt  to  be  htld  for  the  county  of 

Ycurs,  L.  M. 


Of  Inquiry. 

'  E.  F.  p^aintiflF, 
Between  ^  and 

.G.  H.  defendant. 

TAKE  notice  that  a  writ  of  inquiry  of  damages  wiil 
be  executed  in  this  caufe  on  the  day  of  at 
10  o'clock  of  the  forenoon  of  the  fame  day,  at  in  the 
county  of       Dated  the       day  of 

Yours,  &c.  L.  M.  attorney  for  plaintiff. 


0/  Declaratiens  In  ihe  Clerk's  Office. 
Mr.  E.  F. 

TAKE  notice  that  a  declaTation  is  filed  againft  you 
(if  delene  effe,  fay  fo)  of  this  prefent  term  in  the 
ofHce  of  the  clerk  of  at  the  fuit  of  G.  H.  in  an  adlion 
of  trcfpafs  on  the  cafe  [or  -whatever  the  aH'ion  ;j]  for  goods 
fold  \ money  len\  money  due  on  the  balance  of  accounts  Jlated, 
I5c,  at  the  cife  is  :J  And  unk!s  you  plead  to  the  faid  de- 
claration Within  dsys  from  the  date  hereof,  judgmenc 
will  be  Sgned  againft  you  by  default.  Dated  this 
day  of       one  thoufand  eighc  hundred. 

Yours,  J.  K.  attorney  for  the  plaintiff. 


The 


The  Form  ef  a  Certificate  from  a  Mortgages  on  Receipt  of 
Mortgage  Money, 

To  the  Clerk  of  the  county  of 

I -  C.  D.  oF  gehtleman,  do  hereby  certify,  that  A.  B.  of 
efq.  hath  paid  and  fatisfied  all  fuch  fum  and  fums  of 
money  aj  was  due  and  owing  upon  a  mortgage  made  by  the 
faid  y/.  B.  to  me,  bearing  date  the  day  of  and  regif- 
tcred  at  o'clock  in  the  afternoon  of  the  day  of 
folloiving,  in  full  difcharge  of  tlie  fame  ;  and  I  do  hereby 
reqnire  an  entry  of  fuch  payment  and  faiisfadion  to  be  made, 
purfuant  to  the  afl  in  that  cafe  made  and  provided.  Wit- 
i5cfj  iny  hand  and  fcal  this    .      day  of,  &c. 

Signed,  fealed,  &c.  €•  D,  [l.  s.] 


BUI  againjlan  Attorney  of  the  Common  Pleas  for  Words.  C.  P. 

rtr  n-    .      ir  G.  gentleman,  by  J.  R.  his  attorney, 

J  i,  -iM  complains  againlt  R.  L.  gentleman,  one 
of  the  attorniea  of  the  court  of,  Sec.  prcfent  here  in  court 
in  his  own  pcrfon,  in  a  plea  of  trefpafs  on  the  cafe  for  this,^ 
That  whereas  he  the  faid  /I.  G.  now  is  a  good,  true,  faith- 
ful and  honeft  citizen  of  this  ftate,  and  as  fuch,  from  the 
time  of  his  nativity  hithtrto,  halh  behaved  and  demeaned 
himfelf,  and  during  all  that  time  hath  borne,  ar.d  been 
held  and  cfleemed,  reputed,  and  taken  to  be  a  man  of  good 
name,  fame,  credit,  reputation  and  converfation  among  all 
liis  neighbours  and  othets,  the  good  citizens  of  this  (late, 
and  has  hitherto  lived  and  continued  free,  clear,  innocent 
and  wholly  unfiifpefted  of  and  from  all  kind  of  falfehood, 
perjury,  and  forfwearing,  and  every  other  fuch  heinous.crime 
and  by  reafon  thereof  gained  the  good  will  and  efteem  of 
all  his  neighbours,  and  otlier  good  citizens  of  this  ftate. 
And  svhereas  he  the  faid  A.  by  reafon  of  his  good  name 
and  reputation  at  the  time  of  fpcaking  and  publifhing  the 
feveral  falfe,  malicious  and  fcandalous  words  herein  after 
mentioned,  and  long  before  was,  and  dill  is  employed  and 
intrufted  by  the  company  of  afi"urance  in  the  office  and  bufi- 
nefs  of  their  fecretary,  being  an  office  and  bufinefs  of  great 
credit  and  trull,  at  L.  aforefaid,  and  whereas  during  the  laid 

time 


185 


lime  that  the  faid  A.  was  and  coritinued  to  the  faid  company 
St  aforefaid,  and  before  the  fpeaking  and  publifning  any  of 
the  falfe,  malicious  and  fcandalous  words  herein  after  men- 
tioned,  to  wit,  upon  the  day  of  ia  the  year  of  our 
Lord  the  faid  company  exhibited  their  bill  of  com- 
plaint i  n  this  court  of  ( the  faid  court  then  and  Hill  be- 
ing at  in  the  county  of  )  thereby  complaining 
among  other  things,  of  and  concerning  a  certain  policy  of 
infurance  therein  mentioned  to  be  made  and  italed,  and 
executed  by  the  faid  company  to  one  R.  C.  for  the  in- 
furance  of  one  thoufand  pounds  to  the  faid  R.  C.  deduct- 
ing fixteen  pounds  ^er  cent,  in  cafe  of  lofs,  upon  a  certain 
fhip  or  vefill  called  the  on  a  certain  voyage  therein 

mentioned,  and  alfo  of  a  deviation  of  the  faid  lliip  from 
the  voyage  thereby  infared,  whereby  the  faid  company,  by 
their  faid  bill  aliedgcd,  that  they  were  difcharged  froin  the 
faid  policy,  and  that  the  faid  fhip  was  afterwards  loft,  nor- 
withftanding  which  the  faid  R.  C.  bad  commenced,  and 
was  profecuting  an  aftion  at  law  againft  them  upon  the  faid 
policy,  the  faid  company  fuggefting  by  their  faid  bill,  that 
their  witneffts  who  could  prove  the  faid  deviation  (among 
other  things)  then  lived  and  refidtxl  in  parts  beyond  the  feas, 
and  that  the  faid  R.  C.  knew  the  fame  and  ihtreby  pray- 
ing (among  other  things)  a  commiifton  or  commifiions  fj- 
the  examination  of  their  witneffes  beyond  the  feas,  touchinj^ 
the  fevcral  matters  in  the  faid  bill  contained  ;  and  that  a'l 
proceedings  at  law  in  the  faid  aflion  might  be  ftayed  till  tb-; 
return  of  the  faid  coniinilTioners  by  the  injunftion  r  f  the 
faid  court  of  and  thereby  prayed  proceis  of  the  faid 
court  againft  the  faid  A'.  C.  as  by  the  faid  bill  i;i  now 
remaining  affiled  in  the  faid  court  of  at  aforefaid 
more  fully  appears.  And  thtreupon  the  faid  j1.  after- 
wards, and  pending  the  faid  fiiit  in  to  wit,  upon  the 
day  of  in  the  year  of  our  Lord  at  aforefaid,  came 
before  A,  then  being  one  of  the  mafters  of  the  faiJ  court 
of  and  then  and  there  made  his  affidavit  in  writing  rciatiog 
to  and  concerning  matters  material  in  the  faid  fiiii  in  be- 
fore him,  and  then  and  there  took  his  corporal  oath  before 
the  faid  niafter,  that  the  contents  of  his  faid  alTidavit  were 
true  (the  faid  mafterthei)  and  there  having  fufiScient  power 
2  and 


i86 


and  authority  to  aclminfter  the  faid  oath  to  the  faid  /I.  G.) 
And  the  faid  A.  G.  in  and  by  his  faid  affidavit  made  oath, 
That  on  or  about  ffit  It  out  verbatim  to  the  end )  yet  the  faid 
R.  C.  woll  knowing  the  premife^  and  greatly  envying  the 
happy  ftate  and  condition  of  the  faid  4.  and  contriving  and 
malicioufly  intending  not  only  to  hurt,  degrade,  damnify 
and  injure  him  the  faid  in  his  good  name,  fa.r.e,  credit  and 
reputation,  and  to  endeavor  to  have  the  faid  A.  turned  out 
of  his  faid  office  of  fecretary,  as  afoicfaid,  hue  alfo  wrong- 
fully to  fubjcd  him  the  faid  A.  to  the  pains  and  penalties  by 
the  laws  and  flatutes  of  this  (late  made  and  provided  againfl: 
any  perfons  who  commit  wilful  and  corrupt  perjury,  after- 
wards, to  wit,  on  the  day  of  in  the  year  of  our  Lord 
at  aforefaid,  in  a  certain  difcoui  fe  which  the  faid  R. 
then  and  there  had  with  divers  worthy  citizens  of  this  (late 
of  and  conctrning  the  faid  j4.  and  his  having  fworn  the  faid 
affidavit  in  and  concerning  the  faid  caufe  fo  depending  ia 
the  fame  court  of  between  the  faid  company  of  affit- 

rance,  plain'.iiTd,  and  the  faid  R.  C.  defendant,  productd  to 
the  faid  citizens  then  being  prefent  there  a  paper  writing^, 
alledging  the  fame  writing,  to  be  a  copy  of  the  faid  afhJavit 
fo  fworn  by  the  faid  /!.  as  aforefaid,  and  with  a  loud  void 
in  thtir  he'.riiig,  read  the  fame,  and  then  and  there  openly, 
publicly,  fiilftly  and  malicioufly  faid,  related,  and  with  a  loud 
•voice  puhliftied  ihefe  fdlfe,  feigned,  fcanoalous  and  opprobrit- 
OU3  Ei,g!i/lr  words  following  of  the  faid  /).  in  the  ptefence  and 
hearing  of  thofe  citizens  (that  is  to  fay)  he  (meaning  tlic 
faid      )■  has  forefworn  himfelfin  tliis  affidavit  (meaning  tbe 
faid  afhiavit  fo  fworn  by  the  faid  A.  as  aforefaid)  And  after- 
■wards,  to  wit,  on  the  fame  day  and  year  at  L.  aforefaid,  in  a 
certain  other  difcouife  which  the  faid  R.  then  and  there  had 
■v^-ith  divers  other  worthy  citize.is  of  this  ftate,  of  and  con- 
cerning the  faid  //.  and  of  his  havi  ig  fworn  the  faid  affidavit, 
he  the  faid  R.  produced  to  divers  other  citizens  then  being 
prtfent  ihcie,  a  paper  writing,  alledging  the  fame  writing  to 
be  a  copy  of  the  faid  affidavit  fworn  by  the  faid  ^.  as  afore- 
faid; and  witl)  a  loud  voice  in  their  hearing  read  the  fame, and 
then  and  there  openly,  publicly,  falhly  and  malicio'ifly  faid, 
related,  and  with  a  loud  voice,  piibliihed  thefe  other  falfc, 
feigned,  fcandalous  and  oppiobriou3ii«j:/^>  words  following 


187 


of  the  faid  A.  in  the  prefeiice  and  hearing  of  thofe  citizens 
(that  is  to  fay)  he  (meaning  the  faid  /I^G.)  is  perjured  ia 
this  affidavit  ( meaning  the  faid  affidavit  whereof  the  writing 
produced  as  aforefaid,  was  by  him  alledged  to  be  a  copy.) 
And  afterwards,  to  wit,  on  the  fani'-  day  and  year  at  L. 
aforefaid  in  a  certain  other  difcourfe  which  the  faid  R.  then 
and  there  had  with  divers  other  worthy  citizens  of  this  ftate 
of  and  concerning  the  faid  ^.  and  the  faid  affiiavit,  he  the 
faid  R.  openly,  publicly,  falfely  andmalicioufly  faid,  related, 
and  with  a  loud  voice  publilhtd  thefe  other  falfe,  feigned, 
fcandalous  and  opprobrious  EngUfh  words  following  of  the 
faid  j1.  in  the  prefence  and  hearing  of  thcfe  citzens  (that  i» 
to  fay  )  he  (meaning  the  faid  A.  )  has  fort  fwornhimfelf  (mean- 
ing him  the  faid  A.)  in      (meaning  the  court  of  afore- 
faid.)  AnA  afterwards,  to  wit,  on  the  fame  dayand  yearat 
L.  aforefaid,  in  a  certain  other  difcourfe  which  the  faid  R. 
then  and  there  had  with  divers  other  worthy  citizens  of  this 
ftate  of  and  concerning  the  faid  A.  and  tht  faid  affidavit,  he 
the  faid  R.  then  and  there  ©per.Iy,  publicly,  faifcly  and  ma- 
licioudy  faid,  related,  and  with  a  loud  voice  ptiblifhed  thefe 
other  falfe,  feigned,  fcandalous  and  opprobrioas  £ngli[h 
words  following  of  the  faid  /i.  in  the  pref;.'nce  and  hearing 
of  thofe  citizens  (that  is  to  fay)  he  (meaning  him  the  faid  A  ) 
hath  perjured  himfcif  (meaning  him  the  faid  A.")  in 
(meaning  in  the  fa  d  court  of        )  and  I  (meaning  the 
faid  /?.)  will  indift  him  (meaning  the  laid  A.^  f.)r  the  fame. 
And  afterwards,  to  wit,  on  the  fame  day  and  ytar  at  L,. 
aforefaid,  in  a  certain  other  difcourfe  which  the  faid  R. 
then  and  there  had  with  divers  other  worthy  citizens  of  this 
ftate  of  and  concerning  the  faid  A.  he  the  faid  R.  then  and 
there  openly,  publicly,  falfely  and  mallcioufty  faid,  related 
and  with  3  loud  voice  publidied  thsfe  other  falfe,  feigned, 
fcandalous  and  opprobrious  EngUfh  words  following  of  the 
faid  A.  in  the  prefence  and  hearing  of  thofe  ciiizcns  (that 
is  to  fay)  he  (meaning  the  faid  A.^  hath  been  guilty  of 
perjury.    And  afterwards,  to  wit,  on  the  fame  day  and  year 
at  L.  aforefaid,  in  a  certain  other  difcourfe  which  the  faid 
R.  then  and  there  had  with  divers  other  worthy  citizens  of 
this  ftate  of  and  concerning  the  faid  A.  he  the  faid  R.  then 
and  there  openly,  publicly,  falfely  and  malicioufly  faid,  re- 
laud 


JVriti,  bjc. 


lated,  and  wuTi  a  loud  voice  publifhed  thtfc  other  falfc, 
feigned,  fcandaloiis  and  opprobrious  Evgli/h  words  follow- 
ing of  the  faid  in  the  prcfence  and  hearing  of  thofe  citi- 
zens (tliat  is  to  fay)  I  (meaning  ths  faid  R.)  have  indi(Aed 
him  (meaning  the  faid  A.)  for  peijury.  And  afterwards, 
to  wit,  on  the  fame  day  and  year  at  L.  aforefaid,  in  a  cer- 
tain other  difcourfe  which  the  faid  R.  then  and  there  had 
with  divers  other  worthy  citizens  of  this  (late  of  and  con- 
cerning the  faid  A.  and  the  faid  affidavit,  he  the  faid  R.  then 
and  there  openly,  publicly,  ialfely  and  malicioully  faid,  re- 
lated, and  with  a  loud  voice  [lublifhed  tht  fc  other  falfc, 
feigned,  ftandalous  and  opprobrious  EngliJI)  words  following 
of  the  laid  -V.  in  the  prefence  and  hearing  of  thofe  citizens 
flhat  is  to  fay)  he  (meaning  the  faid  A. )  hath  taken  a  falfe 
oath.  And  afterwards,  to  wit,  on  the  lame  day  and  year 
at  Z..  aforefaid,  in  a  certain  other  difcoutfe  which  the  faid 
R,  then  and  there  had  with  one  captain  C.  P.  then  being 
one  of  the  diredtorsof  the  faid  company  of  aHurance,  of  and 
concerning  the  faid  //.  and  the  faid  affidavit,  he  the  faid 
R.  then  and  there  openly,  publicly,  falfcly  and  maliciinifly 
faid,  related,  and  with  a  loud  voice  publilhed  thefe  other 
falfe,  feigned,  fcandalous  and  opprobrious  Englifl}  words 
following  of  the  faid  A.  in  ihe  prefence  and  hearing  of  the 
faid  C,  P.  (that  is  to  fay)  what  a  villain  your  fecrsrary 
^meaning  the  faid  A.)  is  ?  He  (meaning  the  faid  A.)  is 
perjured.  \V  hat  does- the  company  (meaning  the  faid  com- 
pany of  aflnr.ince)  give  bin  (meaning  the  faid  /).)  for 
fwearing  ?  What  a  villain  of  a  (meaning  the  faid  A.)  fe- 
cretary,  you  (n^eaning  the  faid  C.  P.  and  the  reft  of  the 
dire(f\ors  of  the  faid  company)  have  got  to  perjure  hiinfclf 
(meaning  him  the  faid  A.)  Prav  what  does  the  compa.iy 
(meaning  the  faid  company  of  a(rura'ice)  give  him  (mean- 
ing the  faid  A  J  to  forfwear  himfclf  (meaning  him  the  faid 
A.)  for  them  (mesning  the  faid  company)  ?  And  after- 
wards, to  Wit,  on  the  fame  day  and  year  at  L.  aforefaid,  in 
a  certain'other  difcoutfe  whTch  the  faid  R.  then  and  there 
had,  with  divers  other  worthy  citizens  of  this  Hate  of  and 
concerning  the  faid  A.  and  the  fjid  affidavit,  he  tlie  faid  R. 
then  and  there  openly,  publicly,  falfcly  and  malicioudy  faid, 
lelated,  and  with  a  loud  voice  publiihed  thefe  other  falfe, 

feigned, 


189 


feignrd.  fcandatoas  and  opprobrious  Engl'ijh  words  following 
©f  the  faid  //.  in  the  prefcnce  and  hearing  of  thofe  citizens 

'(thar  is  to  fay)  I  (meaning  the  faid  R.)  have  indid\ed  him 
(meaning  the  faid  /I.)  tor  perjjrfi  and  the  indidment  is  fet- 
tled by  the  beft  coanfel  in  this  ftate,  and  you  (meaning  thoie 
citizens  then  prefent)  may  teil  him  (meaning  the  faid  A.)  fo. 
By  reafon  of  fpcaking  and  publifhing  of  which  faid  feveral 
falfe,  feigned,  fcandalous  and  opprobrious  Rnghjh  words  the 
faid  A.  is  very  much  prejudiced,  hurt  and  damnified  in  his 
good  name,  fame,  credit  and  reputation,  and  is  fallen  into  pub- 

I  lie  fcandal  and  infamy  a-nongft  his  neighbors,  and  orhergood 
and  faithful  citizens  of  this  ftate,  in  fo  much  that  divers  of 
thofe  neighbors  as  aforefaid,  to  whom  the  innocence  and  in- 
tegrity of  the  faid  A.  were  unknown,  have  always,  from  the 
time  of  fpeaking  and  publifhing  of  ihs  faid  feveral  words,  ve- 
hemer.tly  fufpefted  the  faid  A.  to  be  a  man  who  had  commit- 
ted perjury,  and  on  that  account  have  always  from  thence 
hitherto  wholly  reftjfed,  a:id  ftill  do  daily  more  and  iriore 
lefufe  to  have  any  commerce  or  difcourfe  with  him,  or  have 
any  thing  to  do  with  him,  as  bi-fore  they  were  accuftomed  to 
have.  And  the  faid  A.  fa^  s,  that  in  order  to  clear  his  iono- 
cence  in  this  behalf,  he  hath  been  forceii  to  expend  and  lay 
out  divers  fums  of  money  to  the  dainage  of  him  the  faid  A. 
of  two  hundred  dollars ;  and  thereupon  he  prays  relief,  &c. 


Bill 

T  is  commanded  to  tU  fheriff"  that  he  take 
&c.  and  him  fafely,  &c.  fo  that 
he  may  have  his  body  before  the  people  of  the  ftafte  of 
New- York,  at  on  the  Tuefday  in  next,  to  an- 
fwer  A.  B.  of  a  plea  of  trefpafs  :  and  alfo  to  a  bill  of  the 
faid  A.  B.  againfl  the  faid  C.  D.  for  two  hundred  dollars, 
of  debt,  according  to  the  cuftom  of  the  court  of  the  pfo- 
ple  aforefaid,  before  the  people  themfcives  to  be  exhibited, 
atd  that  he  have  then  there  this  precept. 

By  bill,    Ckrk. 

E.  F.  Attorney. 


Prfc!/>e 


Precipe  for  the  above  Bill  to  be  Jikd  •with  the  Clerk. 

Albany,  j[.  Bill  for  A.  B.  againft  C,  D.  in  debt  for  20* 
dollars,  rt tufnablc  on  the       Tuefday  in       next  at         \  •■ 

E.  F.  Attorney.  ^ 

Note.  In  al'l  cafes  where  defendant  is  to  be  holdcn  to  f 
bail)  the  ac  etiam  claufe  will  be,  

Jn  debt,  (as  above  in  the  bill.) 

In  ajfumpfit,  And  alfo  to  a  bill  of  the  faid  A.  againft 

the  faid  B.  for  dollars,  upon  promife,  [double  the  fum  ' 
the  plaintiff  would  fwear  to  if  required]  according,  &c. 

In  trefpafs,  And  alfo  to  a  bill  of  the  faid  A,  againft 

the  laid  B.  for  taking  and  carrying  away  the  gooJs  and 
chattels  of  the  faid  ■'}.  to  his  damage  [or  of  the  value  Gf  j 
dollars,  according  to,  &c. 

In  trover,  For  converting  and  difpofing  of  the  goods  I 

and  chattels  of  the  faid  A,  to  ihe  value  of  dollars,  ac-  ; 
cording  to,  &c. 

In  detinue,  For  detaining  the  goods  and  chattels  of 

the  faid  A,  to  the  value  of       according  to  the  cudotn  of, 
&c. 

In  covenant,  For  breach  of  covenant,  to  the  damage 

of  the  faid  A,        according  to  the  cuftorn  of,  &c. 

In  ajfault  and  battery,  [_vpon  a  jurlge'f  order']— ~Tor 
beating,  wounding  and  ill  treniing  \_as  the  caf'  happens  to 

 the  faid  d.  to  his  damage        ( double  ihe  fum  ordered 

by  the  judge  ;  but  indorfe  the  exa8  fum,  ordered  by  him  on  the 
back  of  the  writ)  according  to  the  cuftoin  of,  &:c. 

In  debt  upon  reccgnixance,  In  a  plea  of  debt  upon  le. 

cognizance,  according  to,  &c. 

Note.  This  laft  claufe  will  not  hold  to  bail  ;  but  Is  to 
give  notice  to  the  defendant  of  the  nature  and  caufcof  the 
atlion  ;  otherwife  neither  he  nor  his  attorney  will  be  oblig- 
ed to  accept  a  declaration. 

Bill 


SiH  al  the  fmt  of  an  Infant  by  Guardian. 

...  ^  TT  is  comraanded  to  ths  ftieriff,  &c.  (as  In 
Albany,^.  ^  common  bill)  to  anfwer  A.  B.  an  infant 
under  the  age  of  twenty-one  years,  in  the  court  of  the  peo- 
ple of  the  Rate  of  New  York,  before  the  people  thtm- 
felvcs,  being  thereuoto  fpecially  admitted  by  C.  D.  his 
guardian  and  next  friend,  of  a  plea  of  trefpafs  :  and  alfo, 
&c.  and  that  he  have  then  there  this  precept, 

By  bill,    Chrk. 

E.  attorney. 

Capias  ad  refpondendurn. 

THE  people  of  the  ftate  of  New  York,  by  the  grace 
of  God,  free  and  independent,  to  the  (heriff  of  &c. 
greeting.  We  command  you  that  you  take  B.  if  he 
lhall  be  found  in  your  bailiwick,  and  hi«i  faftly  keep,  fo 
that  you  may  have  his  body  before  U5  al  on  the 
Tuefday  of  next,  to  anfwer  C.  D.  of  a  plea  of  trefpafs, 
and  alfo  .(here  infert  the  ac  fliam  ciavfe)  and  have  you  then 
there  this  writ,  Witnef?,  J.  L.  efq.  chief  juftice,  at 
the       day  of       in  the       year  of  our  independence. 

Fairlie,  Clerk. 

M.  attorney. 

Note  ;  If  to  the  above  the  fheriff  returns  Non  ej},  then 
an  alias  ifTues,  in  like  form,  only  after  the  words  "  com- 
fnand  you"  fay,  as  before  we  have  commanded  you  j  and  if 
to  that  it  be  likewife  returned  Non  eft.  then  fay,  as  we  have 
tftentimes  commanded  you  ;  and  tbefe  lad  words  are  ufed  in 
every  fucceeding  writ,  called  iplur'us. 


Capias,  in  an  adion  ^i  Tarn. 

Tlie  people  of  the  (late  of  New-York,  by  the  grace  of 
God,  free  and  independent :  To  the  flierifTof,  &c.  gree- 
ting : 

WE  command  you  that  you  take  E.  F.  if,  Sec.  and 
him  fafely,  &c.  fo  that,  &c.  to  anfwer  G,  H.  who 
as  well  ff-  vs  as  for  himfelf  doth  profecute,  of  a  plea  of  tref- 
pafs :  and  alfo,  ike.  Sulpana 


Suhtana  to  appear  on  Inquiry. 

The  People  of  ttie  Aa'te  of  New- York,  by  the  grace  of  God,- 
free  and  indcpendtnt  :  To  C.  D.  E.  F.  and  G.  H. 
grteling  : 

WE  command  you,  and  each  of  yon,  lhat,  all  and  fm- 
giila''  your  biifint  ITcs  and  cvcufes  whatToever,  ceaf- 
!ng,  you  and  each  of  you  in  your  proper  perfons  be  be- 
fore tfquire,  fheriff  of  ihe  county  of  on  the 
day  of  next,  at  tlie  dwelling  houfe  of  R.  S. 
of  innkeeper,  then  and  there  to  tellify  all  and  fin- 
gular  thofe  things  which  you,  or  any  of  you,  fhall  know 
in  a  certain  adlion  in  our  court  now  depending  beiweea 
yf.  B.  plaintiff,  and  C  D.  dcft-ndint,  of  a  pica  of  in 
which  fajd  aftion  a  certain  writ  of  iiiqtiiry  of  damages  is 
then  and  there  to  be  executed.  And  this  do  not  you,  or. 
cither  of  you,  omit  under  the  penalty  of  one  hundred  pcuads^ 
Witnefi,  Sic. 

M-  Attorney  B.  Clerk, 


7"tcket  for  the  foregoing  Subpana. 

BY  virtue  of  a  writ  of  Subpoena  to  you  direded,  and 
herewith  fhewn  unto  you,  you  are  perlonally  to  be  and 
appear  befoie  //.  ^  cfquiic,  fherifFof  on  the  day  of 
at  o'clock  in  the  noon  of  the  fame  day,  at  the 
dwelling  houfe  of  in  the  then  and  there  to  teltify 
the  truth,  according  to  your  knowledge,  upon  a  writ  of  in- 
quiry of  damages,  then  and  there  to  be  executed,  in  a  certaia 
cafe  now  depending  between  B.  plaintiff  and  C  D.  de» 
fendant  in  a  plea  of  on  the  part  of  And  thi-  yotr 
are  not  to  omit,  upon  pain  of  one  hundred  pounds.  X^ate4 
the       day  of       'i\r  the  year  of  our  Lord 

To  Mr.   Per  curiam. 

Subpoena  to  appear  before  Referrees. 

The  People,  Lc  To  A.  B.  and  C-  D.  greeting. 

T  Tl  ^  E  command  you,  and  each  of  you,  that  all  and  Cngular 
VV  your  bufinefs  and  excufes  whatfoevcr  ctafing,  you, 

and 


»93 


and  every  of  you,  in  your  proper  perfons  be  before  B. 
C.  D.  and  E,  F.  referees  appointed  by  rule  of  our  court 
before  us,  on  Tuefday  tbe       day  of         next  an 
o'clock  in       noon,  at  the  houfe  of       in  innkeeper, 
then  and  there  to  teRify  the  truth  according  to  your  know- 
ledge  in  a  certain  caufe  in  our  court  before  us  depending, 
and  then  and  there  to  be  tried,  between      plaintiff,  and 
defendant,  in  a  plea  of       and  this  do  not  you,  or  either  of 
you  omit,  under  the  penalty  of  one  hundred  pounds  each. 
WUnefs,  &c. 

Subpcsna  for  Witnejfcs  at  the  Circuits. 

The  People,  &c,  To  ^  B.  C.  D.  E.  F.  and  G.  H. 

Greeting. 

WE  command  you,  and  every  of  you,  firmly  enjoining, 
that,  all  and  Cngular  your  bufintCes  and  excufes 
whatfoever  laying  afidc,  you,  and  every  of  you,  be  before 
our  chief  ju&ice,  or  other  juftice,  or  juftices  of  ourfupreme 
court,  at  a  ci''cuit  court  for  trial  of  all  ifTues  joined  in  the 
fupteme  court,  or  in  any  other  court,  and  brought  int  ■  the 
fupretne  court  to  be  trird,  and  which  may  be  triable  in  our 
{aid  court,  on  the  day  of  next,  at  in  the  cou  ity 
of  according  to  the  form  of  the  ftaiute  In  fuch  cafe  made 
and  provided,  to  teftify  all  and  fingular  thofe  things,  which 
you,  or  any  of  you,  know  in  a  certain  acflion  in  our  court 
before  us  now  depending  and  undetermined,  between  G.  H, 
plaintiff,  ard  J.  K.  defendent,  in  plea  of  at  that  day  by 
a  jury  ofthecouiury  to  be  tried.  And  this  do  not  you,  or 
and  of  you  omit,  under  the  penalty  of  one  hundred  pounds 
each.  Witnefs  John  Lanfing,  jun.  efquire,  chief  juftice  at 
the  day  of  in  the  year  of  out  indeptndence. 
S-  B.  attorney.  Fair/ie,  cierk. 


Ticket  for  the  foregoing  Suhpcena. 

BY  virtue  of  a  writ  of  fubpcena  to  you  direfled,  and 
herewith  (hewn  unto  you,  you  are  perfonally  to  be 
and  appear  before  the  chief  juftice,  or  other  juftice  or  juf- 
tices of  the  fupreme  court  of  the  Rate  of  New- York,  at  a 
R  circuit 


Writs,  Lfc. 


circuit  court  for  tbe  trial  of  caufes  arifing  in  the  county  of 
and  b'ouglit  to  iflue  in  the  fald  fupreme  court,  on  the 
day  of  next,  at  o'clock  in  the  noon,  at 
IB  the  county  of  to  tefiify  the  truth  according  to  your 
knowledge  in  a  certain  caufe  now  depending,  and  then  and 
there  to  be  tvied  between  plaintiff,  and  defendant, 
in  3  plea  of  on  the  part  of  the  and  hereof  fail  not, 
on  pain  of  one  hundred  pounds.  Dated  the  day  of 
jn  the  year  of  our  Lord 

To  G.  FI,  Per  curiam. 


Suhp(tna  for  Wit'  ejfes  in  the  Supreme  Court. 

The  People,  &c.  To  J.  B.  C.  D.  E.  F.  and  G.  If. 

Greeting. 

E  comand  you,  and  every  of  you,  firmly  enjoining, 
that,  all  and  fingular  your  bufincifes  and  excufes 
whatfoever  ceafmg,  you,  ^nd  every  of  you,  be  in  your  pro- 
per perfons  before  us,  at  on  the  day  of  next,  to 
teftify  all  and  fingular  thofe  things  which  you,  or  any  of 
you  know,  in  a  certain  aftion  in  our  court  before  us  now 
depending  and  undetermined,  between  G-  H.  plaintiff,  and 
jf.  K.  defendant,  in  plea  of  at  that  day  by  a  jury  of  the 
country  to  be  tried.  And  (his  do  not  you,  or  any  of  yoij 
omit,  under  the  penalty  of  one  hundred  pounds  each.  Wit- 
nefb  John  Lanfing,  jun.  Efq.  chief  jullice,  at  the  day 
of       in  the       year  of  our  independence. 

5.  B.  attorney.  Fairlie,  clerk. 


Venire  for  yury,  at  the  Supreme  Court. 

The  People  of  the  State  of  New- York  by  the  grace  of  Go(i 
free  and  independent.  To  the  Sheriff  of  the  county  of 
New- York,  greeting. 

TTjrE  command  you  that  you  caufe  to  come  before  our 
VV  juflicea  of  our  fupreme  court  of  judicature,  at  the 
city-hall  of  the  city  of  New- York,  on  the  third  Tuefday  in 
April  next,  twelve  free  and  lawful  men  of  your  county, 
pach  of  whom  fliall  have  in  his  ovrn  namcj  or  right,  or  in 

truft 


triid  for  ]iim,  or  In  his  wife's  right,  a  freehold  in  l-nds,  mef- 
fuagcs,  <H  of  rents  in  fee,  or  for  life,  of  the  vslue  of  iixty 
dollars,  free  from  all  reprizes,  debts,  demands  or  incum- 
braoces  whaifoever,  by  whom  the  tiuth  of  the  niaiter  may 
be  the  better  known,  and  who  are  in  no  wife  of  kin  to  J-.  B. 
piainliff,  or  C.  D.  defendant,  to  make  a  certain  jury  of 
the  country  between  the  parties  aforefpid,  in  a  pica  of 
becaufe  as  well  the  faid  C.  D.  as  the  fsid  A.  B.  between 
»'hom  the  matter  in  variance  is,  have  put  tlien-jfelyes  upon 
that  jury  :  And  have  then  there  the  names  of  the  jurors 
and  this  writ.  Witnefs  John  Lanfing,  jiin.  Efq.  chief  juf- 
tice,  at  the  day  of  in  the  year  of  oQr  inde- 
pendence. 

S.  B.  attorney.  Bloodgeo^},  cletk. 


f^cntre  for  Jury  at  tin  Circuits. 

The  People  of  kc.  To  the  Sheriff  of  the  county  of 
Delaware,  greeting. 

VV£  command  you  that  you  caufe  to  come  before  us,  at 
cn  tlie  Tuefday  in  next  j  (unlcfs  the  jultices  of  our 
fupreme  court,  or  feme,  or  one  of  them,  at  a  circuit  court 
^or  the  tiial  of  all  ifluc-s,  joined  in  the  fupreme  court,  or  in 
any  other  court  and  brought  into  the  fupreme  court  to  be 
tried,  and  which  are  or  may  be  triable  in  our  faid  county  ol 
Dt-laware  at  in  the  faid  county,  on  the  day  of 
next,  according  to  the  form  of  the  ftatute  in  that  cafe  made 
and  provided,  fhall  firft:  come)  twtlve  free  and  lawful  men 
of  your  country,  each  of  w  hom  fl);ill  have,  in  his  own  name, 
or  right,  or  in  truH  for  him,  or  in  his  wife's  right,  a  frec- 
fccld  in  lands,  mefll'uages  or  of  rents  in  fee  or  for  life,  of  ths 
value  of  fixty  pounds,  free  from  all  reprizes,  debts,  demandsi 
0«  incumber;  rces  whatfoevtr,  by  whom  the  truih  of  the  mat- 
ter may  be  the  better  known  ;  and  who  are  in  no  wife  of 
kin  to  plaintiff,  or  defendant,  to  make  a  certain  jury  of 
the  country  between  the  parties  aforefaid,  in  a  plea  of 
becaufe  as  well  the  faid  as  the  faid  between  whom 
the  matter  in  variance  is,  have  put  themfelves  upon  that 
jury.  Awd  have  then  there  the  numti  of  the  jurors,  and  this 
writ.     Witnefs,  &c.  Fairlie,  clerk. 

E.  attorney.  Fcnire 


196 


Writs,  ^f. 


Venire  to  Elijors,  at  the  Circuils, 
The  People  of  &c.  to  C,  D.  and  E  F.  greeting  : 
■\^'''Hi^RE  AS  F.  G.  lately  in  our  court  before  us  at 

by  bill  without  our  writ,  did  complain  of  /,  H.  of 
a  plea  of  trefpafs,  the  aforefaid  /.  H.  before  us  by  hio 
attorney  appearing  in  the  defence  by  him  made,  hath  pleaded 
in  our  court  with  the  fame  F.  G.  h\  the  jury  of  tlie  country  , 
in  the  county  of  to  be  tried  :  whereupon  afterwards  in 
our  court  before  us,  the  fame  F.  G.  faid  that  the  fame  /.  I/. 
is  (heriff  of  and  that  N.  P.  efq.  is  coroner  of  the  faid 
county,  and  that  the  faid  A^.  P.  had  declared  with  an  oath, 
that  he  would  do  all  that  was  in  his  power  to  fupport  and 
maintain  the  faid  /.  B.  and  that  an  indifferent  jury  between 
him  the  faid  F.  and  the  faid  /.  would  not  be  fummoned  by 
the  faid  N.P.  and  this  pretending  to  verify,  the  fame  F.  pray- 
ed that  our  court  before  lis,  by  their  difcreiion,  would 
choofe  two  indifferent  and  difcreet  perfonsto  caufctocome 
twelve  free  and  lawful  men  to  try  the  ilTue  aforefaid,  by  rea- 
fon  whereof,  and  becaufe  that  the  aforefaid  /.  the  allega- 
tion aforefaid  doth  not  gainfay,  but  confefs,  you  the  afore- 
faid C.  D.  and  E,  F.  with  the  affent  of  the  parties  aforefaid, 
by  our  court  before  us,  have  been  chofen  and  named,  there- 
fore we  command  you  that  you  caufe  to  come  &c.  [as  ia 
thelaft.]    Witnefs,  &c. 

0.  P.  attorney.  BlooJgood,  clerk. 


Venire  at  the  Circuits  with  Struck  Jury  and  View. 

The  People  of  the  State  of  New.  York  by  the  Grace  of  God 
free  and  independent.  T.o  our  Sheriff  of  Ulfter  county, 
greeting. 

WE  command  you  that  you  caufe  to  come  before  us 
at  on  the  Tuefday  of  next  ;  unlefs 
the  juftices  of  our  fupreme  court,  or  fome,  or  one  of  them, 
at  a  circuit  court  for  the  trial  of  all  ifTuea  joined  in  the  fu- 
preme court,  or  in  any  other  court,  and  brought  into  the 
fupreme  court  to  be  tried,  and  which  may  be  triable  in  our 
faid  county  of  Ulfter,  on  the  day  of  next,  at 
in  the  county  of       according  to  the  fornoof  the  flatute  in 

fuch 


»97 


fuch  cafe  lately  made  and  provided,  fhall  fooner  come,  the 
ftveral  perfons  named  in  the  panel  to  this  writ  annexed,  be- 
ing a  ft.  uck  jury,  by  confent  of  parties,  and  by  our  court  be- 
fore us,  at  fpecially  appointed,  to  make  a  jury  betweea 
y.  L.  plaintiff  and  J.  H.  defendant,  of  a  pica  of  trcfpafs 
and  ejeftment  of  farm,  &c.  and  in  the  mean  time,  according 
to  the  form  of  the  ftatute  in  that  cafe  alfo  made  and  provid- 
ed, we  command  you  that  you  have  fix  cf  the  firft  twelve 
of  the  jurors  aforefaid,  or  any  greater  number  of  the  famc» 
to  the  feveral  places  in  queftion,  on  the  day  of 

nest,  who  then  and  there  fhall  have  the  matters  in  quef- 
tion  fliewn  to  them  by  F.  V.  efq.  on  the  part  cf  the  plain- 
tiff and  0.  P-  on  the  part  of  the  defendant,  appointed  by 
our  coui t  before  us,  to  Ihew  the  fcveral  places  aforefaid  to 
the  jurors  aforefaid,  and  in  fach  manner  as  this  writ  you 
fhall  have  executed  to  us  at  at  the  day  aforefaid  do 

you  make  return,  and  have  you  then  there  this  writ.  W!t» 
Dcfs  J-  L.  efq.  chief  juftice,  at        the       day  of  in  the 
year  of  our  independence. 
0.  P.  attorney.  Bloodgood,  elk, 

H'ljlringas  for  Jury  at  the  Ctrcui/t, 
The  People,  &c.  To  the  Sheriff  of       county,  greeting, 

WE  command  you  that  you  diftrain  the  feveral  per- 
fons named  in  the  pr.nel  to  this  writ  annexed,  ju- 
rors, fumnioned  in  our  court  Etfore  us,  between  plain- 
tiff, and  defendant,  by  all  their  lands  and  chattels  in 
your  bailiwic,  lo  that  neither  they,  nor  any  of  them,  do 
intermeddle  therewith,  until  you  (hall  have  other  com- 
mand from  us  in  this  behalf ;  and  that  you  anfwer  to  us  for 
the  ilfues  of  the  fame,  fo  that  you  have  their  bodies  before 
us  at  ihe  city  of  on  the  Tuefday  of  next  ;  [un- 
kfs  the  juftices  of  our  fupreme  court,  or  fome,  or  one  of 
them,  at  a  circuit  court  for  the  trial  of  all  iffues  joined 
in  the  fupreme  court,  or  in  any  other  court,  and  brought 
into  the  fupreme  court  to  be  tried,  and  which  are  or  may 
be  triable  in  our  faid  county  of  on  the  day  of 
aext,  at  io  the  faid  county  according  to  the  form  of  the 
Si  2  iatute 


flatute  In  tliat  cafe  made  and  provided,  dial]  fooner  cfimr, 
to  make*]  a  certain  jury,  betwefn  the  parties  aforefaid, 
cf  a  pica  of  and  to  hear  their  judgment  of  many  de- 
faults :  And  hive  there  then  the  names  of  that  jury,  and 
this  writ.    Witnefs,  &c.  FairJie,  clerk. 

J^f.  attorney. 

*  Or  thus,  "  or  before  our  chief  juftice,  or  other  juftice 
or  jiiflices  of  our  faid  court,  fomt  or  one  of  them,  at  a  cir- 
cuit court  appointed  to  be  holden  for  the  trial  of  caufea 
arifing  in  the  county  of  and  brought  to  ilTue  in 

the  faid  fupreme  court,  or  in  any  other  couit,  and  brought 
into  the  fupreme  court  to  be  tried,  and  which  arc  or  may  be 
triable  in  our  faid  county  of  if  any  or  either  of  them  (hall 
firil  corne,  on  Tucfday  the  day  of  next;  st  the  in 
in  the  faid  county  of  according  to  the  form  of  the 
Hatute  in  that  cafe  made  and  provided,  to  make,"  &c. 

Or  thus,  if  at  thejitiir.gs ;  "  or  before  our  chief  jufticf  of  our 
faid  court,  or  in  bis  abfence  or  default,  any  other  judge  of 
our  faid  court,  at  a  fittings  appointed  to  be  holden  for  the 
trial  of  caufes  arifing  in  the  county  of  and  brought  to 
iffue  in  the  faid  fupreme  court,  or  in  any  other  court,  and 
brouglit  into  the  (aid  fupreme  court  to  be  tried,  if  any  or 
citl;er  of  them  (hall  firftcornc,  ©n  at  according 
to  the  form  of  the  itatute  in  that  cafe  made  and  provided, 
to  make,"  &c. 

D'l/lringas  Juralores  fit  tie  Circuits,  <wkh  Struck  yury,  and 
order  far  View. 

The  People  of  the  Stale  of  New- York,  by  the  grace  of  Gcd^ 
free  and  independent :  To  the  Sheriff  of  Greeting. 

"V7(7 E  command  you  that  you  diftrain  the  feveral  per- 
fons  named  in  the  panel  to  this  writ  annexed,  jurors, 
fummoned  in  our  fupreme  court  of  judicature  before,  us  be- 
tween plaintiff,  and  defendant,  l)y  oil  their  lands 
and  chattels  in  your  bailiwic,  fo  that  neither  they,  nor  any 
«f  them  do  intermeddle  therewith,  until  you  (hall  have  fur- 
ther command  fram  us  in  this  behalf,  and  that  you  anfwer 
to  us  for  the  iiTues  of  the  fame,  fo  that  you  may  have 

their 


t^eir  bodies  before  us  at  the  city  of  on  the  Tuef. 
3ay  of  next  (unkfs  the  jufticea  of  our  fiipreme  court,  or 
foiTie,  or  one  of  them,  at  a  circuit  court  for  ths  trial  of  all 
ifTues  joined  in  the  fiipreme  court,  or  in  any  other  court, 
and  brought  into  the  fiipreme  court  to  be  tried,  and  whichr 
are,  or  may  be  triable,  in  our  faid  county  of  on  the 
day  of  next,  at  in  ihe  faid  county,  according  to  the 
form  of  the  ftatate  in  that  cafe  made  and  provided,  fhali 
fooner  come)  to  make  a  ceitain  jury  betwten  the  parties 
aforefaid,  of  a  plea  of  trefpafs  and  ejeSment  of  farm,  and 
to  hear  their  judgement  of  many  defaults,  and  in  the  mean 
time,  according  to  the  form  of  another  ftatute  in  fuch  cafe 
alfo  made  and  provided,  we  command  you,  that  you  have 
fix  of  the  firtt  twelve  of  the  jurors  afort  faid,  or  feme  greater 
Humber  of  thfm,  to  the  feveral  places  in  queftion,  fome  con- 
venient time  before  the  trial,  who  then  and  there  ihall  have 
the  matters  in  queftion  (hewn  to  them,  by  on  the  part 
of  the  plaintiff,  and  on  the  part  of  the  defendant,  ap- 

pointed by  out  court  before  its  to  /hew  the  feveral  places 
aforefaid  to  the  jurors  aforefaid.    And  in  fuch  manner  a& 
this  writ  you  fliall  have  executed,  to  us  at  the  city  of 
at  the  day  aforefaid,  do  you  make  return,  and  have  you 
then  this  writ.    V/itnefs,  &c. 

'    M.  attorney.  BloodgooJ,  clerk. 


Ft.  Fa.  on  judgment  for  Plaint!^,  in  Ajfumpjit. 

The  People  of  the  State  of  Ncw-Vork.by  the  grace  of  God 
free  and  independent.    To  the  Sheriff  of 
greeting. 

"Y^E  command  you,  that  of  the  goods  and  chattels  of 

C.  D.  in  your  balliwic,  your  caufe  to  be  made 
dollars  which  /I.  B.  lately  in  our  court  before  us  recover- 
ed againft  the  faid  C.  D.  for  his  damages  which  he  had 
fuflained,  *  as  well  by  occafion  of  the  not  performing  cer- 
tain promifes  and  undei  takings  by  the  faid  C.  D.  to  tlie  faid 
^4.  B.  lately  madt,  as  for  his  cofts  and  chaiges  by  him  about 
his  fiiit  in  that  behalf  expended,  whereof  the  faid  C.  D.  is 
convided,  as  to  us  appears  of  record  ;  and  if  fufficient  goods 


and  chatttis  of  the  faid  C.  D.  cannot  be  found  in  yo 
bai!i*ic  whereof  you  can  caufe  the  damages  aforefaid  to  be^ 
made^  that  then  you  caufe  the  faid  damages,  cofts  and  chaigeal 
to  be  made  of  :he  lands  and  tenements  in  your  bailiwic  where-l 
of  the  faid  C.  D.  was  feized  on  the  day  of  or  atl 
any  time  thereafter,  and  that  you  have  that  money  before  usl 
at  the  city  of  on  the  Tuefday  of  next,  to  render  1 
to  the  faid  j4,  B.  for  his  damages,  colls  and  charges  aforefaid.  i 
And  have  you  then  there  this  writ.  VVitnefs  John  Lanfing, « 
jun.  efquire,  chief  juftice,  at  the  day  of  in  the  J 
year  of  oui  independence.  I 
B.  attorney.  Blood£ooJ,  z\tt\:A 

*  In  cjfault  and  battery,  fay        As  well  by  occafion  of  a  | 
certain  trefpafs  and  affault  on  the  faid  A.  B.  by  the  faid 
C.  D.  lately  made,  as,  &c. 

In  covenant'— well  by  occafion  of  a  certain  breachof 
covenant  lately  made  between  the  faid  C.  D.  and  the  afore- 
faid /f.  B.  as,  for,  &c. 

Inejeflment  As  well  by  occafion  of  a  certain  trtfpafa 

and  ejcflment  of  farm  of  him  the  faid  A.  B.  by  him  the 
faid  C.  D.  with  force  and  arms,  and  againft  our  peace,  done 
at       in  your  county,  as  for,  &c. 

In  trefpafs  As  well  of  a  certain  trefpafs  to  the  fame 

B.  by  the  aforefaid  C.  lately  done  by  evafion,  as  for,  &c. 

In  debt,  As  well  by  occafion  of  the  detention  of  that 

debt,  as  for,  &c. 

In  trefpafs  for  defendant,  For  his  cods  and  charge* 

expended  about  his  defence  in  a  certain  aftion  of  at  the 
fuit  of  the  aforefaid  A. 


Ft.  fa.  in  Debt. 

The  People  of  the  State  of  New-York,  hy  the  grace  of  Go 
free  and  independent  :  To  the  Sheriff  of 
greeting  : 

"1X7 E  command  you  that  of  the  goods  and  chattels  of 

E.  F.  in  your  bailiwic,  you  caufe  to  be  made 
dollars,  which  G.  H.  lately  in  our  court  before  us  at 

recovered 


IVrils,  '^c. 


201 


recovered  againft  the  faid  E.  for  a  debt :  and  alfo  dol- 
1 which  were  awarded  to  the  faid  G-  in  our  fame  court 
t  tfore  us,  for  his  damages  which  he  fuftained  as  wcil  by 
rccafion  of  the  detaining  that  debt,  as  for  his  cofts  and 
charges  by  him  about  his  fuit  in  that  behalf  expended, 
whereof  the  faid  E.  is  convifted,  as  to  us  appears  of  record 
— and  if  fufQcient  goods  and  chattels  of  the  faid  E.  cannot 
be  found  in  your  bailiwic,  that  then  you  caufe  the  faid  debt 
and  damages  to  be  made  of  the  lands  and  tenements  in  your 
bailiwic  whereof  the  faid  E.  was  feized  on  the  day 
of  one  thoufand  or  at  any  time  thereafter 

— and  have  you  thofc  monies  before  us  at  the  city  of 
on  the  Tucfday  of  next,  to  render  to  the  faid  G. 
for  his  debt  and  damages  aforefaid  ;  and  have  then  there 
this  writ.  Witnefs  john  Lanfing,jun.  efq.  chief  juftice,  at 
the  day  of  in  the  year  of  our  independence, 
L.  M.  afttorney.  Fair  lie,  clerk. 


Fi.  Fa,  in  Cafe,  againfl  an  AJminini/irator  who  confejjies  tht 
Debt. 

The  People,  &c.  To  the  Sheriff  of       greeting  : 

"IXTE  command  you  that  of  the  goods  and  chatteh 
which  were  of  E-  F.  at  the  tims  of  his  death,  in 
the  hands  of  G.  H.  adminiftrator  of  all  and  fingular  the 
goods  and  chattels,  rights  and  credits,  which  were  ef  the 
faid  E.  at  the  time  of  his  death,  who  died  inteftate,  to  be 
adm  nirttred  in  your  bailiwic,  you  caufe  to  be  made  one 
hundred  dollars,  which  to  y.  K.  lately  in  our  courf  before 
us  at  were  adjudged  for  his  damages  which  he  had  fuf- 
tained, as  well  by  reafon  of  the  non  performance-  of  cer- 
tain promifes  and  undertakings,  made  by  the  faid  E.  in  his 
lifetime  to  the  fa^d  J.  as  for  his  cofts  and  charges  by  him 
about  his  fuit  in  that  behalf  expended,  if  he  hath  fo  much 
in  his  hands  ;  if  he  hath  not  fo  much  thereof  in  his  hands, 
then  that  ^■ou  caufe  to  be  made  ten  dollars,  being  tiie  cofts 
and  charges  of  the  {aid  and  parcel  of  the  damages  afore* 
faid,  of  the  proper  goods  and  chattels  of  the  faid  G,  ad« 
miaiftrator  at  aforefaid  :  and  that  you  have  chat  mciiey  be* 

fore 


If^ritt,  i^c. 


fore  U3  at  on  die  Tyefday  of  next,  to  render 
to  the  faid  G.  for  his  damages  afortfaid,  and  liaye  there 
then  this  writ.     Wtinefj,  ^c. 

M.  attorney.  Fa'trile,  clerk* 


Fi.  Pa,  upon  a  Non  Pros  for  not  Jecfarinj. 

The  People,  of  the  State  of  New-York,  by  the  grace  of 
God  fteo  and  independent.  To  the  Sheriff  of  the  coua" 
ty  of  greeting. 

WE  command  you  that  of  the  goods  and  chattels  of 
C.  D.  in  your  bailiwic  you  caiife  to  be  made 
dollars  which  to  A.  B.  according  to  the  form  of  the  ftstute 
in  fuch  cafe  made  and  provided,  were  adjudged  for  his  colls 
and  charges  about  his  d^  fence  in  a  certain  adion  in  our 
court  btfoie  us  agaiaft  the  faid  A.  B.  at  the  fuit  of  the  faid 
C.  D.  of  a  plea  of  v»hereapou  the  faid  C.  D.  did  not 
afterwards  profecute  that  aftion,  and  whereas  tlie  faid 
C,  D.  h  convifted,  as  appears  to  us  of  record  ;  and  if  fuf- 
ficient  goods  ai  d  e'nttels  of  the  faid  C.  D.  cannot  be 
fouud  in  your  bailiw  ic,  VKhsrcof  you  can  cauft  the  co;1s 
and  chartres  afortfaid  to  be  made,  that  then  of  the  lands 
and  tenements  in  your  bailiwic,  whereof  the  faid  CD.  was 
fti'zed  on  the  d^y  of  or  at  any  time  thi  reafier,  you 
caufe  the  faid  fum  of  to  be  aiade,  and  have  that  money 
before  us  on  the  Tuf  fday  of  next,  at  to  tender 
to  the  afo'  efsid  A.  B  for  his  coft';  and  charges  afore  faid, 
and  have  theie  tiieri  this  writ.  Witnti's  Joiin  Laufing, 
jun.  Effq-  chief  jullice,  st  ihe  day  of  in  the 
year  of  our  independence. 
M.  attorney.  Blooclgood,  clerk. 


Ft.  Fa.  agahijl  Manucapiores. 

The  People,  &c.  To  the  Sheriff  of  greeting. 

XT  7E  command  you,  that  of  the  goods  and  chattels  of 
VV   D.  E.  and  F.  G.  both  of  your  county,  the  noanu- 
captorcs  of  C,  D.  in  your  bailiwic,  you  caufe  to  be  made 

dullais 


l^rils,  bfe. 


dollars  /awful  money  of  New- York,  of  debt,  and  alfo 
.  like  money  for  damages,  which  ^V.  B.  hath  fiiflained, 
Well  by  occafion  of  the  detention  of  that  debt,  as  for 
bis  cofts  and  chare;e3  by  him  about  his  fuit  in' that  behalf 
expended,  according  to  the  force,  for  in  and  etFc£t  of  the 
recognizance  by  the  fame  D.  E.  and  F.  G  in  our  court 
before  us  to  the  aforefaid  ji.  B.  for  the  aforefaid  C.  D.  ac- 
knowledged, whereof  the  fame  C.  D.  is  convifled  as  4o 
lis  appears  of  record,  wherefore,  in  our  fame  court  before 
US  it  i>  confidered,  that  the  aforefaid  >.  B.  have  thereof 
hisexecmion  againft  the  aforefaid  manucaptores  of  :he  debt 
and  damages  aforefaid,  according  to  the  force,  form  and 
efFeft  of  the  recognizances  aforefaid,  by  their  default  :  and 
if  fufficient  goods  anJ  chattels  of  the  faid  D.  E.  E.nd  F.  G, 
cannot  be  found  in  your  bailiwic,  whereof  you  can  caufe 
the  d;'jt  and  damages  aforefaid  to  be  made,  that  then  of  the 
Jands  and  tenements  in  yourbsiliwic  whereof  the  faid  D.  E. 
snd  F.  G.  or  either  of  them  were  feized  on  the  day  of 
in  the  year  of  our  Lord  or  at  any  time  thereafter, 
you  caufe  the  debt  and  carnages  aforefaid  to  be  made  :  and 
have  you  that  money  before  us  at  on  the  Tuefday 
in  next,  to  rrnder  to  the  aforefaid  A.  B.  for  his  debt 
and  damages  aforefaid  ;  and  have  you  then  there  this  writ. 
Witntfs  John  Lanfing,  jun.  Efq.  chief  ju (lice,  at  the 
day  of       in  the       year  of  our  independence. 

M.  attorney.  .      Bhodgood,  clerk. 


Ft.  Fa.  for  Cofts,  on  Judgment  for  Defendant. 

The  People  of  the  S:ate  of  New-  Vork,  by  the  grace  of  God 
free  and  independent  :  lo  the  bheriiF of  greeting. 

WE  command  you  that  of  the  goods  and  chattels  of 
in  your  bailiwic,  you  caufe  to  lie  made  dollars 
which  to  were  adjudged  for  his  corts  and  charge?  by  him 
about liis  defence  in  an  attion  of  by  the  a'aref^iid 
againft  the  fame  in  our  court  before  us  late!}'  br«ugbt, 
fullained,  according  to  the  form  of  the  ilatute  thereupn  lately 
made  and  provided  ;  and  whereof  the  aforefaid  is  con- 
vifled,  as  to  us  appears  of  record  j  and  if  fufficient  goods  and 

chattels 


mils,  tffc. 


chattels  of  the  faid  .  cannot  be  found  in  yoiirbailiwic  where- 
of you  can  caufe  the  cofts  and  charges  aforelaid  to  be  made> 
that  then  of  the  lands  and  tenements  in  your  baiiiwic  where, 
of  the  faid  was  feizcd  on  the  day  of  or  at  any  time 
thereafter,  you  caufe  to  be  made  the  faid  fum  of  for  cofts 
and  charges  as  alorefaid.  And  have  you  thofe  monies  before 
us  at      <jn  the     Tuefday  in       next,  to  render  to  the  faid 

.  for  his  cofts  and  charges  aforefaid.  And  have  you  thea 
there  this  writ.    \\  iinefs,  &c. 

J.  attorney.  Bloodgood,  cleik» 


H't.  Fa,  for  a  Sum  auoarded  hy  Referees  'in  fa'jor  of  defendant 
in  Common  Pleas. 

The  People  of  the  State  of  New- York,  by  the  grace  of  God 
free  and  independent  :  To  the  Sheriff  of  the  county  of 
Renffeiaer,  greeting. 

TX7E  command  you  that  of  the   goods  and  chattels  of 

G.  H,  in  )out  baiiiwic,  you  caufe  to  be  made 
dollars,  which  to  J.  K.  were  adjudged,  as  well  from  a  cer- 
tain  balance  reported  to  be  due  to  him  p'urfuant  to  a  certain 
afl  in  futh  cafe  made  and  providtd,  in  a  certain  adiion  of 
by  the  alorefaid  f.  K.  againft  the  faid  G.  H.  in  our  court  be- 
fore our  judges  and  afiittant  juftices  lately  brought,  as  for  his 
ccfts  and  charges  by  him  about  his  defence  in  the  faid  adfion 
failained,  according  to  the  form  of  a  certain  other  adl  in  fuch 
cafe  made  and  provided.  And  if  fiilEcient  goods  and  chattels 
of  the  faid  G,  H.  cannot  be  found  in  your  baiiiwic,  that  then 
you  cdufe  the  laid  fum  of  dollars  to  be  made  ot  the 

Ja:ids  and  tenements  in  your  baiiiwic  whereof  the  faid  G,  H. 
Vv-as  feized  on  the  day  of  in  the  year  one  thoufand  eight 
hundred  and  or  at  any  lime  thereafter,  and  have  ihofe 
monies  before  our  judges  iind  affiltant  juflices  of  the  court  of 
common  pleas  to  be  holden  for  the  county  of  Rei.fT'  laer  afore- 
faid, at  on  the  Tuefd.iy  in  next,  to  render  to  the  faid 
J.  K.  for  the  balance  and  cofts  fo  as  aforefaid  adjudged  to 
him.  And  have  you  then  there  this  writ.  Witnefs  Anthony- 
Ten  Eyck,  efquirc,  firft  judge  of  our  faid  court,  at  Troy,  the 
day  of  in  the  year  of  our  independence. 
W.  Attoriie)'.  Schuyler,  clerk. 

Vtndinont 


IVrifs,  ^e. 


V tnditioni  Exponas. 

People  of  the  State  of  New- York,  by  the  grace  of  God 
free  and  independent  :  To  the  Sheriff  of,  &c.  greeting  ; 

'^^HEREAS  we  lately  commanded  you,  that  you 
ihould  caufe  to  be  levied  of  the  goods  and  chattels 
.of  C.  D.  fifty  dollars,  which  A.  B.  lately  in  our  court  be- 
fore  us  at  Allanyy  recovered  againtl  him  for  a  debt,  and 
alfo  dollars,  which  were  awarded  to  the  fald  ^.  in  our 
fame  court  before  us,  for  his  damages  which  he  fuff-ained  as 
well  by  Gccafion  of  the  detaining  that  debt,  as  for  his  cofts 
and  charges  by  him  about  his  fuit  in  that  behalf  expended,, 
whereof  the  faid  C.  is  convifted,  as  to  us  appears  of  record 
—and  have  you  thofe  monies  before  us,  at  the  city  of 
on  the  Tuefdayof  next,  to  render  to  the  faid  A. 
■for  his  debt  and  damages  aforefaid  ;  and  you  at  that  day  re- 
turned to  us  al  that  you  had  levied  of  the  goods  and 
chattels  of  the  faid  C.  to  the  value  of  the  debt  and  damages 
aforefaid,  which  faid  goods  and  chattels  remained  in  your 
hands  for  want  of  buyers  :  therefore  we  being  defirous  that 
the  faid  y^.  be  fatisfied  for  his  faid  debt  and  damages,  com- 
mand you  that  you  fell,  or  caufe  to  be  fold,  the  faid  goods 
and  chattels  and  ev.ery  part  thereof,  for  the  belt  price  that 
can  be  got  for  the  fame,  and  at  leaft  for  the  debt  and  dam- 
ages aforefaid,  fo  that  you  have  the  money  arifing  from  fuch 
falc  before  us  at        on  to  render  to  the  faid  plaintiff 

for  his  debt  and  damages  aforefaid  ;  and  have  then  there 
this  writ.    Witnefs,  &c. 


Venditioni  Exponai  of  part pojl,  Fi.Fa.  levied  on  Munacaptons, 

The  People,  &c.  To  the  Sheriff  of       greeting  t 

^^^HERP^AS  to  you,  by  our  writ,  we  lately  command- 
ed that  of  the  goods  and  chattels  of  D.  E.  and 
F.  G.  both  of  your  county,  the  nnanucaptores  of  C.  D.  in 
your  bailiwic,  you  would  caufe  to  be  made  dollars,  law- 
ful money  of  New-York,  of  dtbt,  and  dollars  damages, 
to  render  to  A.  B.  according  to  the  form  and  efFeft  of  an 
adjudication  of  execution  upon  a  recognizance  by  the  fame 

S  D.E. 


206 


Writs,  ^c. 


D.  E.  and  F.  G.  to  the  aforefaid  y1.  B.  in  our  court,  be- 
fore us,  at  acknowledged,  as  to  us  appears  of  record  ; 
and  that  the  money  you  (hould  have  before  U3,  at  on 
the  Tuefday  in  now  laft  paft,  to  rentier  to  the  afore- 
faid and  you  at  that  day  returned  to  ua,  that  by  virtue 
of  the  writ  aforefaid  to  yon  dircAed,  of  the  goods  and  chat- 
tels of  the  aforefaid  D.  E.  and  F.  G.  you  had  taken  to 
the  value  of  dollars,  parcel  of  the  debt  and  damages 
aforefaid,  ivhich  remained  in  your  hands  unfold  for  the 
want  of  buyers,  and  that  the  money  aforefaid  before  us  at 
the  day  and  place  aforefaid,  you  could  not  have  ;  and  that 
the  faid  D.  E.  and  F.  G.  had  not  other  more  goods  and 
chattels  within  your  bailiwic  whereof  the  refidue  of  the 
dibt  and  damages  in  the  aforefaid  writ  contained,  or  any 
parcel  thereof,  you  could  caufe  to  be  made  ;  tlicrefore  we 
command  you  that  the  goods  and  chattels  aforefaid  by  you 
in  form  aforefaid  taken,  you  expofe  to  fale,  and  that  money 
have  you  before  us,  at  on  the  Tuefday  in 
rext,  to  render  to  the  aforefaid  A.  B.  and  have  you  then 
there  this  writ.  Witnefs  y.  L.  efq.  chief  juftice,  at 
the  day  of  in  the  year  of  our  independence. 
T.  attorney,  Bloodgood,  clerk, 

Ca.  Sa.  in  Debt. 

The  People  of  the  State  of  New- York,  by  the  grace  of  God 
free  and  independent :  To  the  Sheriff  of  Albany,  greeting. 

T\7E  command  you  that  you  take  fT.  Z).  if  he  may 
' be  found  in  yo\ir  bailiwic,  and  him  fafely  keep,  fo 
that  you  may  have  his  body  before  us  at  Albany,  on  the 
ihird  Tuefday  of  July  next,  to  fatisfy  A.  B.  of  one  hundred 
dollars  of  debt,  which  tlie  faid  J.  B.  lately  in  our  court  be- 
fore us,  recovered  againft  the  faid  C.  D.  as  alfo  twenty-Ji've 
dollars,  which  were  adjudged  to  the  faid  A.  in  our  faid 
court  before  us,  for  his  damages,  which  he  fuftained  as  well 
by  the  means  of  detaining  that  debt  as  for  his  cofts  and 
charges,  by  him  about  his  fuii  in  that  behalf  expended, 
v/hereof  the  faidCi'.  is  convifted,  as  appears  to  us  of  record  ; 
End  have  you  then  there  this  writ.    Witnefs,  &c. 

yif.  attorney.  Fairlie,  clerk. 


h'ote.  If  the  Ca.  Sa.  be  in  ea/e,  proceed  as  in  debt  leav- 
ing out  the  word  Jtbt,  and  fay,  "  which  the  faid  lately 
•  in  our  court  before  us,  at  the  eity  of  Albany,  recovered 
againft  the  faid  C.  for  his  damages,  which  he  fuftaincd  as 
well  by  occafion  of  the  not  performing  certain  promifes  and 
undertakings  lately  made  by  the  faid  C.  to  the  faid  as 
for  his  cofts  and  charges  by  him  about  his  fuit  in  that  be- 
half expended,  whereof  the  faid  C.  is  convicted  as,"  &c. 
clofing  like  the  above  in  debt. 

In  covenant, — For  his  damages,  which  he  fuftained  as  well 
by  occafion  of  the  breach  of  a  certain  covenant  lately  made 
by  the  faid  C.  to  the  faid  yi.  as  for,  &c. 

In  irefpafs, — As  well  by  occafion  of  a  certain  trefpafs 
lately  committed  by  the  faid  C.  to  the  faid  A.  as  for,  &c. 

In  ejeBment, — As  well  by  a  certain^trefpafs  and  ejeftment 
lately  committed  by  him  the  faid  G.  to  the  faid  A.  as  alfo 
for,  &c. 

For  the  defendant  on  n  non  pros, — To  fatisfy  A.  B.Jixty 
dollars,  awarded  to  the  faid  A.  according  to  the  form  of  the 
flatute  in  that  cafe  made  and  provided,  in  our  court  before 
us,  for  his  expences  and  cods  in  a  certain  aftion  of 
'againft  the  faid  at  the  fuit  of  the  faid  C.  for  that  the  faid 
C.  hath  not  profccuted  the  faid  adtion  ;  and  have  then  there 
tlm  writ.    Witnefs,  &c. 

For  an  adminl/lrator,  in  debt, — To  make  fatisfa£tion  to 
y.  K.  adminiftrator  of  all  and  fingularthe  goods  and  chat- 
tels, rights  and  credits,  which  were  lately  of  and  belonging 
to  G.  H.  deceafed,  who  died  inteftate,  for  Jive  hundred  doh. 
debt,  and  alfo  iiventj  dollars  for  his  damages,  which  he  fuf- 
tained as  well  by  occaUon  of  the  detaining  that  debt, 
as  for  his  colls  and  charges  by  him  in  ptofecuting  the  faid 
fuit,  and  whereof  the  faid  C.  is  convidted  as  appears  to  us 
of  record  ;  and  have  you  then  there  this  writ.  Witnefs,  &c. 

N.  attorney.  Bloodgovd,  clerk. 


€a.  Sa, 


2o8  Wr!/j,  isfe. 

Ca.  Sa.  vs.  Manucaptores  pojl  Fi.  Fa. 

The  People  of  the  State  of  New- York,  by  the  grace  of  God, 
free  and  independent :  To  the  Sheriff  of,  &c.  greeting  : 

■Y;^KER.EAS  by  our  writ  we  iately  commanded  that 
of  the  goods  and  chattels  of  bot^i  of  your  coun- 
ty, the  manucaptores  of  in  your  baili wic,  you  (hould 
cairfe  to  be  made  one  hundred  dollars  of  debt,  and  five  dol- 
lars damages,  to  render  to  B.  according  to  the  forfn  and 
effeft  of  an  adjudication  of  an  execution  upon  a  recogni- 
zance by  the  fame  to  the  aforefaid  in  our  courts 
before  us,  at  acknowledged,  as  appears  to  us  of  record 
— and  if  fufficieni  goods  and  chattels  of  the  faid  could 
not  be  found  in  your  bailiwic  whereof  you  could  caufe  the 
debt  and  damages  afortfaid  to  be  made,  that  then  of  the 
lands  and  tenements  in  your  bailiwic  whereof  the  faid 
and  were  feized  on  the  day  of  in  the  year  of 
bur  Lord  or  at  any  time  afterwards,  in  whofe  handa 

foever  the  fame  fhould  be,  you  ftiould  caufe  tlie  fame  to  be 
made,  and  that  thefe  monies  you  (hould  have  before  us,  at 
on  the  Tuefday  in  now  lall  pad,  to  render  to 
the  aforefaid  for  his  debt  and  damages  aforefaid.  And 
you  at  that  day  made  return  to  us,  that  of  the  goods  and 
chattels  of  the  aforefaid  you  had  caufed  to  be  made 

twenty  dollars,  parcel  of  the  debt  and  damages  aforefaid; 
and  furitier  certified,  that  the  aforefaid  had  not  any 

oiher,  ov  more  goods  and  chattels,  lands  or  tenements  with- 
in your  bailiwic  ;  therefore  we  command  you,  that  you  take 
the  aforefaid  if  they  fhall  be  found  within  your  bailiwic,' 
and  them  fafely  keep,  To  that  you  may  have  their  bodies  be- 
fore  us,  at  on  the  Tuefday  in  next,  to  fatlsff 
to  the  aforefaid  .fifty  dollars  of  debt,  and  five  dollars 
damages  of  the  aforefaid  one  hundred  dollars  of  debt  and 
five  dollars  damages  aforefaid,  refidue  ;  and  have  you  then 
there  this  writ.  Wiinefsjohn  Lanfing.jun.  efq.  chief  jufticC, 
at  the  day  of  in  the  year  of  oar  independence. 
M.  attorney.  Bloodgood,  clerk. 


Ca.  Sa. 


Writs,  ^e. 


209 


Ca.  Sa.  pofi  Fi.  Fa,  de  Bonis  Profriis. 
The  People,  &c.  To  the  Sheriff  of  greeting  : 

■TXTHEREAS  we  lately  commanded,  &c.    £Here  recite 

all  to  be  recited  in  the  Ji.  fa.  de  bonis  prnpriis  to  "by 
the  /aid  turU  it  was  commanded'" whereupon  in  our  court 
before  us,  at         aforefaid,  it  was  confidcred  that  the  faid 

fliould  have  execution  of  the  debt  aforefaid,  againft  the 
faid  of  her  own  proper  goods  and  chattels,  to  be  levied 
by  means  of  her  default,  wherefore  we  then  commanded 
you,  that  cf  the  proper  goods  and  chattels,  or  for  want 
thereof,  of  the  lands  and    tenements  of  the  aforefaid 

in  your  bsillwic,  you  (hould  caufe  to  be  made  the  debt 
aforefaid,  and  that  you  (hould  have  ihofe  monies  before  us, 
at        on  the        Tuefday  of       inftant,  to  render  to  the  ^m- 
aforefaid         for  his  debt  aforefaid.    And  you  at  that  day 
to  M%  made  return,  that  the  aforefaid  had  no  proper 

goods  or  chattels, lands  or  tenements  in  your  bailiwic  where- 
of the  debt  aforefaid  or  any  part  thereof  you  could  caufe  to 
be  made,  therefore  we  command  you,  that  you  take  the  faid 

if,  and,  6cc.  her  lafely,  &c.  (as  in  common  ca.  fa's.) 


Tejlatum  Fi.  Fa.  in  Cafe. 

The  Peop'e  of  the  State  of  New-York,  bv  the  grace  of 
God  free  and  independent :  To  the  Sheriff  of  Ontario, 
greeting. 

command  you  that  of  the  goods  and  chattels  of  CD. 
in  your  bailiwic,  you  caufe  to  be  made  three  hundred 
dollars,  which  E.  F.  in  cur  court  before  us,  at  recov- 
ered againft  the  faid  C.  for  his  damages,  which  he  fuftained 
as  well  by  mefns  of  the  not  performing  certain  promifes  and 
undertakings  lately  rrade  by  the  faid  C.  to  the  faid  £.  as  for 
his  cofls  and  chsrges  by  him  about  his  fuit  in  that  behaff 
expended,  whereof  the  fsid  Cisconvided,  £s  appears  to  us 
of  record  ;  and  if  fufficient  goods  and  chattels  cf  the  faid  C. 
cannot  be  found  in  your  bailiwic,  that  then  you  caufe  the 
faid  dataages  to  be  made  of  the  lands  ar*d  tenements  in  your 
S  2  bailiwic 


2'XO 


bailiwic  whereof  the  faid  C.  was  fclzed  on  the     day  of 
one  thoufand       or  at  any  time  thereafter;  and  have  you 
thofe  moniss  Ijefore  our  Judi'ces  of  our  fupreme  court,  at  the 
city  of        on  the       day  of        next,  to  readcB 

to  the  faid  E.  for  his  damages  aforefaid  :  And  where- 
upon the  faid  flierifF  of  Tioga,  at  a  certain  day  now  palt, 
returned  to  us,  that  the  faid  C.  had  not  any  goods  cr  chat- 
tels, lands  or  tenements  in  his  baihwie  whtreof  he  could 
caufe  the  damages  aforefaid  or  any  part  thereof,  to 
be  made  ;  whereas  it  is  fufBciently  leftified  in  our 
fame  court  before  us/  tliat  the  faid  C.  hath  fufScient  good* 
and  chattels,  lands  and  tenements  in  your  bailiwic,  whereof 
you  may  caufe  to  be  levied  the  debt  aforefaid,  and  every 
part  thereof  :  and  have  you  then  there  this  writ.  Wit- 
aefs  John  Lanfing,  jun,  cfq.  chief  juilice,  at  the 
day  of  in  the  year  of  our  independence. 
J.  T.  attorney.  BloodgooJ,  clerk. 


Tejiatum  Fi.  Fa.  in  Debt. 

The  People,  &c.  to  the  Sheriff,  &c.  greeting,  &c.  [tii> 
the  end  of  the  fi.  fa.]  and  whereupon  the  fheriff  of 
at  a  CO  tain  day  now  paft,  returned  to  us,  thai,  the  faid 
had  not  any  goods  or  chattels,  lands  or  tenements,  in  hiV 
bailiwic,  whereof  he  could  caufe  to  be  levied  the  debt  and' 
damages  aforefaid,  or  any  part  thereof;  whereas  it  is  tcfti- 
fied  in  our  fame  court  before  us,  that  the  faid  Iwth  fufS^ 
cient  goods  and  chattels,  lands  and  tenements,  in  your  baili- 
wic, whereof  yon  may  caufe  to  be  levied  the  debt  and- 
damages  aforefaid,  and  every  part  thereof  ;  and  have  thea> 
there  this  writ. 

WitDcfs,  &c.  D.  clerk. 


Tejiatum  Ga.  Sa.  In  Belt. 

•The  People  of  the  State  of  New- York,  by  the  grace  oF 
Godj  free  and  independent.    To  the  Sheiiff  of 
greeting. 

\;y'E  command  ybu  that  you  take  C.  D.  if  he  may  be 
found  ia  your  bailiwic,  and  him  fafely  keep  fo  that 
you  may  have  his  body  before  us  at       on       next,  to- 

faiisfy 


Mortis,  ifc. 


21i 


fati'sfy  ^i}  B.  dollars,  which  the  fald  A.  lately  In  our 
court  before  us  recovered  againll  the  fald  C.  for  his  dama- 
ges which  he  fuftained,  as  well  by  means  of  not  performing 
certain  proinlfes,  and  undertakings,  lately  made  by  tlie  faid 
C.  to  the  fai'd  A.  as  for  his  cofts  and  charges  by  him  about 
his  fuit  in  that  behalf  expended,  whereof  the  faid  C  is  con- 
vified,  as  appears  to  us  of  record  :  and  whereupon  our 
flierifF  of  hath  made  a  return  to  us,  at  a  certain  day 
now  paft,  that  the  faid  C.  was  not  found  in  his  bai!iwlc» 
and  thereupon  the  behalf  of  the  faid  /}.  it  is  fiifliciently 
tellified  in  our  fame  court  before  us,  that  the  faid  C.  doth 
lurk  ?nd  ft-crete  himfelf  in  your  county,  and  have  then 
aere  this  writ,    Witncfs,  &c. 

Fturlie,  clerk, 

F.  attorney. 


Cn.  Sa.  in  Tarn, 

.  To  fatlsfy  A.  B.  who  fues  as  well  for  us  as  for  hlmi- 
felf,  In  this  behalf  dollars  debt,  which  the  faid  A.  who 
fues  as  aforefaid,  lately  in  our  court  before  us,  at  ^  by 
bill  withont  our  wrir,  and  by  the  judgment  ot  the  fame 
court,  recovered  again  ft  the  faid  C.  that  is  to  fay,  one 
moiety  thereof,  to  wit  ;  the  fum  of  dollars  to  the  afore- 
faid A,  who  profecutes  as  aforefaid,  to  his  own  proper  ufe, 
and  the  other  moiety  thereof  to  our  own  proper  ufe,  ac- 
coiding  to  the  form  of  the  Katute  in  luch  cafe  made  and 
provided,  whereof  the  faid  C.  is  convidted,  as  appears  to 
us  of  record  ;  and  have  then  there  this  writ.    IVilnefs,  Iffc, 

i».  dk, 

M.  attorney. 


Attachment  of  Privilege. 
The  People,  &c.  To  the  Sheriff  of  greeting. 

ATTACH        if,  &c.  and  him  keep  fo  that  you  may 
have  his  body  before  us  at       on  the       day  of 
to  aoTwcr       geallemau,  one  of  the  aitornies  of  our  fa- 

preme 


Writs,  idc. 


preme  court,  [or,  of  our  court  of  common  pka»  of  our 
county  of  ]  according-  to  the  liberties  and  privileges  of 
fuch  an  attorney  of  tl  Tame  court,  from  time  whereof  the 
memory  of  man  is  not  to  the  contrary,  ufed  and  approved 
in  the  fame  court,  of  a  plea  of  trefpafs  :  aed  alfo  to  a  bill 
of  the  faid  againft  the  faid  for  dollars  upon 
promifes,  according  to  the  cuftom  of  our  faid  court  before 
us  then  and  there  to  be  eihibited  :  and  have  then  there  tht» 
writ. 

JVitnefs,  Isfc. 

/I.  B.  in  propria  perfoaa.  L.  elk. 


Attachment  againjl  the  Sheriff'  for  Contempt. 
The  People,  &c.  To  the  Coroner  of  greeting. 

WE  command  you  that  you  attach  efq.  (herifF of 
if  he  (hall  be  found  in  your  bailiwic,  fo  thai 
you  may  have  his  body  before  us,  at  on  the  Tuefday 
in  next,  to  anfwer  us  of  and  concerning  thofe  things 
which  to  him  on  our  behalf  fhall  then  and  there  be  objedl- 
ed  :  and  further  to  do  and  receive  what  our  faid  court,  con- 
cerning thofe  things,  lhall  then  and  there  confider  in  that 
behalf  :  And  have  you  then  there  this  writ.  Witnefs  John 
Lanfing,  jun.  efq.  chief  jiiftice  at  the  day  of 
iu  the       year  of  our  iodependence. 

L.  clk. 

Writ  to  the  Coroner  to  fummon  the  Sheriff. 
The  People,  &c.  To  our  Coroner  of  greeting. 

WE  command  you  that  yon  fummon  efq  (herifF,  &c. 
to  appear  before  us,  at  on  the  Tuefday  in 
next,  to  anfwer  in  a  plea  of  trefpafs  :  and  alfo  to  a 
bill,  &c.  (as  the  cafe  requires  :)  and  have  you  then  there 
this  precept.  Witnefs  John  Lanfing,  jun.  efq.  chief  juf- 
ticc,  at  the  day  of  in  the  year  of  our  indc* 
pcndence. 

Y,  attorney.  L.  clk. 

Writ 


H^r'its,  t^c. 


273 


Wri/  of  Inquiry  on  Covenant. 

The  People  of  the  State  of  New- York,  hy  the  grace  of  God 
free  and  independent.    To  the  Sheriff  of  greeting. 

■y^^HEREAS  ji.  B.  lately  in  oar  court  before  us  at 

by  bill  without  our  writ  impleaded  C.  D.  in  cultody, 
&c.  for,  &c.  \frahe  in  the  luhole  declaration.  Vfriatim^  and 
fuch  proceedings  were  thereupon  had  in  our  faid  court,  be- 
fore us  that  the  faid  A.  B.  his  damages  by  occafion  of  the 
breaking  the  covenant  aforefaid,  againft  the  faid  C.  D. 
cught  to  recover,  but  becaufe  it  is  unknown  to  us  what  da- 
mages the  aforefaid  A.  B.  hath  fudained  by  occafion  of  the 
breaking  the  co?enant  aforefaid,  we  command  yon,  that 
by  the  oaths  of  twelve  good  and  lawful  men  of  your  bailiwic, 
you  diligently  enquire  what  damages  the  fame  A.  B.  feath 
fuftained,  as  well  by  occafion  of  the  breaking  of  the  cove- 
nant aforefaid,  as  for  his  cofts  and  charges  by  him  about  hia 
fuit  in  iliai  behalf  expended.  And  the  inquifition  which 
you  ftiall  thereupon  take  you  fiiall  make  manffeft  before  us, 
at  on  the  Tnefday  in  next,  under  your  feal,  and 
the  feals  of  thofeby  wLofe  oaths  you  (hall  take  that  inquifi- 
tion  :  and  have  ycu  then  there  the  names  of  thofe  jurors  and 
this  writ.    Witnefs,  &c. 


Inquijition. 

1  NQfJiSlTION  indented  and  taken  at  in  the  coanly 
X  of  on  the  day  of  in  the  year  of  our  in- 
dtpsndence,  befc  re  ms  efq.  fheriff  of  the  county  of 
by  virtue  of  a  writ  of  the  people  of  the  (late  of  New- York, 
to  me  dirtfted,  and  '.-j  this  inquifition  annexed,  to  inquire 
of  and  cpx)n  certain  matters  in  the  fame  writ  contained  and 
fpeciried,  by  the  oaths  of  good  and  lawful  men  of  my 
bailiwic,  who,  qpon  their  oaths  fay,  that  A.  B.  in  the  faid 
writ  named  hath  firlained  damages  by  occafion  in  the  fame 
■writ  mentioned,  btfidc  his  cofts  and  charges  by  him  about 
bis  fuit  in  that  behalf  expended,  to  and  for  thofe  cofls 
and  charges  to  In  teftimony  whereof,  as  well  I  the  faid 
fheriff,  as  the  juiors  aforefaid  to  this  inquifition,  have  put  our 
feals,  the  day  and  year  above  written. 

Writ 


Writs,  isfc. 


Writ  of  Pojfcjfton,  on  'Judgment  againjl  the  cafual  EjeSori 
The  People,  &c.  To  the  Sheriff  of  greeting, 

WHEREAS  James  Jackfon  lately  In  our  court  be- 
fore UG,  at  by  the  condition  of  tht  fame  court, 
haih  recovered  his  term  yet  to  come,  of  and  in  eigh- 
ty  acres  of  arable  land,  eighty  acres  of  pafture  land, 
eighty  acres  of  meadow  land,  eighty  acres  of  wood  land, 
and  eighty  acres  of  land  covered  with  water,  with  appur- 
tenances, in  Oyfter-Bay,  in  your  county,  agaiiift  Tohn 
Stiler,  which  R.  the  day  of  in  the  year  of  our  Lord 
to  the  aforefaid  James  Jackfon,  had  demifed,  to  have 
and  to  hold  the  premifes  aforefaid,  with  the  appurtenances, 
to  him  and  his  afligns,  from  day  of  then  laft  pall 
unto  the  full  end  and  term  of  from  thence  next  enfuiag, 
and  fully  to  be  complete  and  ended,  which  is  not  yet  pad  : 
and,  wheiefore  the  aforefaid  John  Stiles  the  fame  James 
Jackfon  from  his  pofliffTion  thcieof  did  expel  and  amove, 
and  the  fame  James  Jackfon,  from  his  term  aforefaid  did 
e}cft,  therefore  we  command  you  that  to  the  aforefaid 
James  Jackfon,  his  pofltflion  of  his  term  aforefaid,  yet  to 
come,  of  and  in  the  tenements  aforefaid,  with  the  appurte- 
nances, without  delay,  you  caufe  to  have,  and  in  what  man- 
ner this  our  precept  you  (hall  have  exeeuttd,  you  make 
maniftft  before  us  at  the  city  of  on  the  Tue/day 
in        next ;  and  have  you  then  there  this  writ. 

M.  attorney.  Fairlie,  clerk. 

Report  of  Referees. 
J.  W.  vs.  L.  F. 
Court  of  Connmon  Pleas  of  county. 

WE  and  two,  and  the 

major  part  of  the  referees,  to  whom  the  above 
caufe  was  referred,  in  the  term  of  latl,  by  rule  of  the 
above  court,  agreeably  to  the  att  of  the  Icgiflature  in  that 
cafe  made  and  provided,  do  moft  humbly  report  to  the  faid 
court,  and  award,  that  there  is  due  from  the  defeodunt  to 

the 


fVnts,  yr. 


Ac  plaintiff  the  fum  of  dollars,  of  lawful  money  of  the 
Hate  of  New- York.  In  witnefs  whereof  we  have  hereunto 
fet  our  hands^ad  feals,  this       day  of,  &c.  C". 

fr.c. 


Return  of  a  Refcue  fr*m  a  Bailiff' pro  hac  vice. 

BY  virtue  of  the  writ  of  the  people  of  the  ftate  of 
to  me  diredtd,  and  to  this  fchedule  annexed,  for  the 
execution  of  the  fame,  I  made  ray  warrant  to  F.  H.  my 
bailiff  for  his  term  only,  to  ferve  the  faid  writ,  which  faid 
bailiff  afterwards,  to  wit,  on  the  day  of  in  the  year 
of  our  Lord  at  in  the  county  of  and  withia 
ay  bailiwic,  by  virtue  of  the  faid  warrant,  took  and  arreft- 
ed  the  faidyf.  B,  and  him  the  faid  A.  B.  then  and  there 
had  :  Whereupon  afterwards,  to  wit,  on  the  day  and  year 
aforefaid,  at  aforefaid,  in  the  county  aforefaid,  the  faid 
A.  B.  together  with  J.  S.  and  other  perfons  to  the  bailiff 
jltogether  unknown,  with  force  and  arms,  to  wit,  with  fifts 
and  flicks  upon  ray  faid  bailiff  then  and  there  made  an  af- 
fault,  and  beat,  wounded  and  ill  treated  him,  and  refcued 
the  faid  yf.  B.  from  the  cuftody  of  my  faid  bailiff,  and  that 
the  faid  /f.  B.  refcued  himfelf  from  the  cuilody  of  my  faid 
bailiff  againft  the  will  of  my  faid  bailiff,  and  went  and  de. 
patted  at  large  whither  he  would,  in  contempt  of  the  writ 
of  the  people  aforefaid,  and  againft  the  peace  of  the  people 
aforefaid,  and  afterwards  the  laid  y/.  is  not  to  be  found 
srithin  my  bailiwic.  JiL  W.  fheriff. 


Pttition  to  a  Judge for  Bail  in  jlJfauU  and  Battery, 

To  the  hor.orable  the  Jnflices  of  the  Supreme  Court  of  the 
State  of  New- York,  or  either  of  them. 

The  petition  of  A.  B.  of     in  the  county  of  hufbandman, 

Humbly  Slieweth, 

THAT  your  petitioner,  on  the       day  of       was  af- 
faulted  and  barbaroofly  wounded  and  beaten  by  C.  D. 
as  by  the  annexed  affidavit  will  appear,  your  petitioner  there« 

fore 


2i6 


Writs,  l^'c. 


fore  humbly  prays  that,  in  tender  confideration  of  the  pre^ 
roifes,  th-:  defendant  may  be  holden  to  bail  by  order  of  your 
hoaors,  or  of  one  of  you,  in  the  funj  of  • 

And  your  petitioner  (hall  ever  pray,  &c. 

N.  B.  To  this  petition  there  muft  be  an  affidavit  annexed, 
fetling  forth  the  circumftar.ces. 


Habeas  Corpus  to  a  Mayor's  Ct?irt. 

The  People  of  the  State  of  New- York,  by  thf,  grace  of  God 
free  and  independent  :  To  the  Mayor,  Recorder  and  Al- 
dermen of  tlic  City  of  greeting. 

TXTE  command  you  that  you  have  the  body  of  C.  D,  in  our 
prifon  under  your  cul^ody  detained,  as  is  faid,  under  fafe 
and  fecuie  conduct,  together  with  the  day,  and  caufe  ot  his 
caption  and  detention,  by  whatfoever  name  he  is  known  in 
the  fame,  before  us,  at  our  next  fupreme  court  ot  judicature, 
to  be  holden  at  on  the  Tuefday  in  next, 

to  do  and  receive  all  and  finguiar  thofe  things  which  our  fame 
liipreme  court  thereupon,  then  and  there,  in  this  behalf,  lhall 
confider.    And  have  you  then  there  this  writ.  Witnefs 
John  Lanfing,  jun.  efquire,  chief  juftice,  at        on  the 
day  of       in  tlic       year  of  our  independence. 

M.  attorney.  B.  clerk. 


Return  to  the  above  W nt. 

"VA/E,  the  mayor,  recorder  and  aldermen  of  the  city  of 

mentioned  in  the  writ  lo  which  this  fchedule  is  annexed, 
to  the  juftices  of  the  people  of  the  ftate  of  New-York,  in  the 
fame  writ  named,  do  humbly  certify,  that  before  the  coming 
of  the  writ  to  this  fchedule  annexed,  to  wit,  on  the  day 
of  in  the  year  ot  our  independence,  C.  D.  in  the  faid 
writ  mentioned,  was  taken  at  the  ward  of  the  city  of 
aforefaid,  and  within  tiie  jurifdi<f\ion  of  this  court,  and  there 
in  the  prifon  of  the  people  aforefaid,  under  our  cuftody  was 
detained  by  virtue  of  a  certain  plaint  in  our  court  aforefaid 
agaiuH  him  levied,  at  the  fuit  of  ^,  B.  in  a  plea  of  trcfpfs 
upon  the  cafe,  to  the  damage  of  the  faid  A.  B.        dollars  as 


IVrils,  ^c. 


is  faid.  And  this  is  the  caufe  of  the  caption  and  detentioit 
of  the  faid  C.  D.  the  body  of  which  C.  D.  at  the  day  and 
place  in  the  faid  writ  contained,  we  have  ready,  as  to  us  ic  is 
cominanded. 


Certiorari  to  the  General  Sejfions,  to  remove  an  IndiSlment  into 
the  Supreme  Court. 

The  People,  &c.  To  our  juftices  of  our  county  of  our 
peace  within  our  faid  county  to  keep  ;  and  alfo  divers 
felonies,  trefpaffes  and  other  mifdemeanors  in  our  faid 
county  perpetrated  to  hear  and  determine,  afligned,  and 
every  of  them,  greeting. 

WE  being  willing,  for  divers  caufes,  that  all  and  fingu- 
lar  the  indiftments  and  prefentments,  in  which 
A.  B.  in  the  fame  indidinents  and  prefentments  named,  be- 
fore you  is  indifted  or  prefented,  (hall  be  determined  before 
iiA,  and  not  eIfev»hcre,Wc  command  you,  and  every  of  you, 
that  the  indit\ments  and  prefentments  aforefaid,  and  the  re- 
cognizances, and  all  things  touching  or  concerning  the 
fame  by  whatfoever  name  the  faid  A,  B.  in  the  fame  is  na- 
med, before  us,  at  our  next  fupreme  court  of  judicature,  to 
be  bolden  at  on  the  Tuefday  in  next,  under 
your  feals,  or  the  the  feal  of  one  of  you,  you  fend  together 
with  this  writ,  that  we  may  further  thereupon,  caufc  to  be 
done  what  of  right,  and  according  to  the  cuftoms  and  laws 
of  this  (late,  ought  to  be  done.  Witnefs  R.  M.  efquire, 
chief  jullice,  at  the  day  of  in  the  year  of 
our  independence.  M'KeJfon,  clerk. 


Return. 

Allan    IT  virtue  of  a  writ  of  the  People  of  the  State 

yij/-  JD  of  New- York,  hereunto  annexed,  and  de- 
livered unto  me  E.  F.  one  of  the  juftices  of  the  faid  people  in 
the  faid  writ  named,  this  bill  of  indiAment,  whereof  mention 
is  made  within  the  fame  writ,  with  all  things  unto  the  fame 
bill  of  indidlment  belonging,  to  the  people  of  the  ihte  of 

T  New- 


2lS 


I<iew  York,  at       at  the  day  in  the  writ  annexed  mentioq* 

ed,  diftinftly  and  openly,  under  my  feal,  1  do  hereby  certi- 
fy. In  teltimony  whereof,  ],  the  faid  JS.  F.  to  thefe  prefents 
have  affixed       feal.    Dated  the       day  of       in  the 
year  of  our  independence, 


Ceri'iorari  to  a  'Jufl'tce,  for  trial  ef  cnufes  under  the  /III  t>f  the 
Ltgijlature  of  the  State  oj  New-T  rk  "for  the  more  fpeedy 
recovery  of  debts  to  the  value  of  ten  pounds,"  fujfed  April 
17,  1787. 

The  People  of  the  State  of  New- York,  by  the  grace  of  God 
free  and  independent,  to  efquire,  one  of  our  jnfticea 
onr  peace  in  oar  county  of  to  keep  ;  and  alfo  divers  fe]o« 
nies,  trefpafTts  and  other  mifdemenore  in  the  county  afore- 
faid  perpetrated  to  hear  and  dttermiHC,  afligncd,  greeting, 

WE  being  willing  to  be  certified  of  a  certain  plaint  ii) 
our  court  before  you,  without  oqr  writ,  againft- 
at  the  fuit  of      in  a  plea  of  trefpafs  on  the  cafe,  as  is  faid^ 
lately  levied,  and  of  the  pleadings,  judgment,  execution, 
procefs  and  proceedings  of  the  fame  plaint  :  we  comman4 
you  that  the  plaint  aforefaid,  and  alfo  the  pleadings,  judg- 
ment, execution,  proctfs  and  proceedings  aforefaid,  with  all- 
things  touching  the  fame,  as  fully  and  amply  as  thr  fame  be« 
fore  you  remain  by  whatfoevcr  names  the  parties  afore* 
faid  ia  the  fame  arc  named,  before  us  at  our  city  of 
on  the         Tuefday  in         next  you  fend  openly  and  dif- 
tindlly,  under  your  feal,  together  with  this  writ,  that  we 
may  do  therein  whai  of  right  ought  to  be  done.  Witnefg 
efquire,  chief  julb'ce,  at        the      day  of       in  the 
year  of  out  independence. 
W.  G.  attorney,  Bloodgeod,  Clerk. 

The  Retura  to  the  above  W rit. 

/r  T  ^  ^*        o"^      the  jiiftices  of  the  peace 
jilbatiy,  J.  ^  pg^pjg      jj,^        of  j^g^  Yo^j^^  the 

peace  of  the  faid  people  in  and  for  the  county  of  to 
l^eep,  and  alfo  divers  felonies,  ticfpafles  and  other  mifdc- 

meanor^ 


219 


ftieatlors  in  the  faid  county  perpetrated  to  hear  and  detcN 
mine,  afligncd,  in  the  faid  writ  of  the  people  to  mc  direfted, 
named  to  the  people  of  the  flate  of  New- York,  do  certify, 
that  before  the  coming  to  me  of  the  faid  writ,  to  wit,  on 
the  day  of  in  the  year  of  our  Lord  at  the  to wa 
of  in  the  county  of  S.  C  in  the  faid  writ  named, 
came  into  th«  court  of  the  faid  people,  before  me  the  faid 
E.  IV.  then  being  one  of  the  julliccs  of  ihe  peace  for  the 
faid  county  of  and  then  and  there  affirmed  his  plaint 
againft  S.  T.  in  the  faid  writ  alfo  named,  in  a  plea  of 
to  his  damage  of  ten  pounds  or  under,  and  prayed  of  me 
proccfs  agaiiifl  the  faid  5.  T.  by  whereupon  at  the  pray- 
er of  the  faid  \.  C.  and  in  purfuance  of  the  aft  of  the  le- 
giflature  of  the  ftate  of  New- York,  entitled  "  An  aft  for 
the  more  fpeedy  recovery  of  debts  to  the  value  of  ten 
pounds,"  paffed  the  fevtnteenth  day  of  April,  one  thou- 
iand  feven  hundred  and  eighty  feven,  I  the  faid  E.  W.  did 
iflue  a  dircfted  to  any  of  the  conftables  of  the  town  of 
where  the  faid  .S.  T.  then  dwelt,  theieby  requiring 
the  faid  conftable  to  fummon  the  faid  5.  T-  to  appear  be- 
fore me  at  the  dwelling  houfe  of  H.  S.  in  the  town  of 
aforefaid,  on  the  day  of  then  next,  at  o'clock 
in  the  noon  of  the  fame  day,  to  anfwer  the  faid  S.  C. 
in  a  plea  of  to  his  damage  of  ten  pounds  or  under, 
which  faid  was  then  dtliveied  to  y.  T.  one  of  the  con- 
flables  of  the  faid  town  of  in  the  county  aforefaid, who 
afterwards,  to  v/lt,  on  the  faid  day  of  in  the  faid 
year  of  our  Lord  returned  thereto  that  the  fame  was 
duly  and  perfonally  fervsd  on  the  faid  S.  T.  by  reading 
the  fame  in  his  hearing  On  which  faid  day  of 
the  faid  S.  C.  and  the  faid  5.  T.  appeared  in  their  proper 
perfons  in  the  court  of  the  faid  people,  before  me  the  faid 
E,  IV.  and  thereupon  the  faid  5.  C.  complained  againft  the 
faid  T.  for  this,  v'z  that  whereas  the  faid  S  C.  \Here 
in  fert  the  words  of  the  declaration  and  plea  as  made  before  the 
jujlice'^  and  upon  this  the  laid  5.  C.  in  purfuance  of  the 
eighth  feftion  of  the  faid  aft,  did  demand  of  mc  the  faid 
E.  IV,  that  the  faid  afttou  (hould  be  tried  by  a  jury  ;  and 
upon  fuch  demand  1  the  faid  E.  IV.  holdicg  the  faid  court 

for 


220 


Wr'ttt,  i^c. 


for  the  trial  of  the  fai'd  caufe  upon  the  faid  day  of 
aforefaid,  at  the  town  and  in  the  county  afortfaid,  did  iflue 
a  venire  direfted  to  any  conftable  of  the  town  of  com« 
manding  him  to  fummon  twelve  good  and  lawful  men,  being 
freeholders  of  the  faid  town  of  in  the  county  aforefaidt 
who  (hould  be  in  no  wife  of  kin  either  to  the  faid  S.  C.  plain- 
tiff, nor  to  the  faid  S.  T.  defendant,  and  not  interefted  in  th« 
faid  caufe,  to  be  and  appear  in  the  faid  court  of  the  faid  peo- 
ple, before  me  the  faid  E.  IV.  at  the  dwelling  houfe  of  the  faid 
//.  5.  in  the  town  of  aforefaid,  on  the  day  of 
then  next,  at  o'clock  in  the  noon  of  the  fame  day, 
to  make  a  jury  for  the  trial  of  the  fame  caufe  ;  which  faid 
venire  was  then  and  there  delivered  to  J.  T.  one  of  the  con- 
ftables  for  the  faid  town  of  to  be  executed  according  to 
law.  At  the  requcft  of  the  faid  S.  C.  and  by  the  confcnt  of 
the  faid  S-  T.  1  adjourned  the  faid  court  for  the  trial  of  the 
faid  caufe  to  the  day  of  then  next,  at  the  dwelling 
Loufe  of  the  faid  H.  S.  in  the  town  of  aforefaid,  at 
o'clock  in  the  noon  of  the  fame  day,  and  gave  the  faid 
parties  day  to  appear  in  the  faid  court  of  the  faid  people  be* 
fore  me  until  the  faid  day  of  on  which  faid 
day  of  the  faid  S.  C.  and  5.  7".  appeared  in  their  pro- 
per pctfons  in  the  faid  court  of  the  faid  people  before  me, 
viz.  at  the  houfe  of  the  faid  H.  S.  in  the  town  of  afore- 
faid. And  the  faid  y.  T.  did  then  and  there  make  due  re- 
turn of  the  faid  venire,  and  annexed  a  pannel  thereto  con- 
taining the  names  of  twelve  freeholders  ;  and  the  names  of 
the  perfons  fo  impanneled  were  written  on  feveral  and  dif- 
tinft  pieces  of  paper,  as  nearly  of  one  fize  as  could  be,  and 
were  delivered  to  me  the  faid  E.  I/,  by  the  faid  conftablc, 
rolled  up  as  nearly  as  could  be  in  the  fame  manner,  and  put 
together  in  a  box,  and  thereupon  I  the  faid  E.  IV.  did  dravr 
out  fix  of  the  faid  papers,  one  after  the  other,  on  which  the 
following  perfons  were  named,  who  did  appear  and  were  not 
challenged,  and  being  approved  of  by  me  ihe  faid  juftice  at 
indifferent  between  the  faid  parties,  and  were  fworn  well  and 
truly  to  try  the  matter  in  difference  between  S.  C.  the 
plaintiff,  and  S.  T.  the  defendant,  and  a  true  verdifl  to  give 
according  to  evidence,  viz.  IHere  name  ihefix  juron.J  And 

after 


Declaration. 


221 


after  the  jury  had  been  fo  fworn  they  did  fit  together,  and 
did  hear  the  proofa  and  allegations  of  the  faid  parties,  which, 
were  delivered  in  public  in  their  prtfence.  And  the  feveral 
witncffe?  introduced  by  the  faid  parties  were  alfo  fworn,  as  is 
alfo  direfted  in  and  by  the  eighth  feclion  of  the  faid  act.  And 
after  the  faid  parties  had  iinilhed  their  proof*  and  allegationa, 
the  faid  y.  7.  there  being  conftable  as  aforefald,  was  tiiea 
and  there  fworn  to  attend  the  faid  jury  and  to  the  utmoft 
of  his  ability,  to  keep  that  jury  together  in  fome  private  and 
convenient  place,  without  meat,  &c.  as  is  alfo  diredled  in 
and  by  the  faid  aft.  And  the  faid  jurors  were  then  and 
there  kept  together  and  apart  by  themfelves,  in  a  private 
and  convenient  place,  attended  by  the  faidJ7.  7*.  the  conlla- 
ble,  until  they  had  agreed  upon  their  verdift  ;  and  when  the 
faid  jury  had  agreed  upon  their  verdift  they  returned  into 
the  faid  court  and  delivered  their  faid  vtrdift  to  me  the  faid 
jufticc,  whereby  they  found  that  {_Here  tnfert  the  verciid 
agreeable  to  the  nature  of  ihe  cafe.']  And  thereupon  I  the  faid 
E.  W.  did  adjudge,  confider  and  determine  that  the  faid  S.  C, 
fhould  recover  againft  the  faid  ■S.  7*.  the  faid  fum  of  dol-. 
lais  by  the  faid  jury  in  form  aforefaid  affeffcd,  and  alfo  cofts 
of  fuit ;  the  bill  of  which  coll  is  annexed  to  the  writ  of  the 
faid  people. 

Given  under  my  hand  and  feal  at,  &c.      £.  IV.  s.^ 


ADDITIONAL  FORMS. 


Diclaraticn  on  a  Muluatus, 

Supreme  Court,  of  the  term  of  in  the  year 

of  our  Lord  one  thoufand  eight  hundred 

Gulehefs,  (T.  /I.  B.  complains  of  C.  D.  in  cuftody,  &c. 
of  a  plea  that  he  render  to  the  faid  j4.  B.  doliars  of 
lawful  money  of  the  ftate  of  New-York,  which  the  faid 
C.  D.  owes  to  the  faid  ^.  B.  and  unjuftly  detains  from 
him  for  that,  to  wit,  that  whereas  the  faid  C.  D  on  the 
day  of  in  the  year  of  oui  Lord  one  thoufand  eight 
hvmdred  at  and  in  the  county  of  borrowed  of 
T  2  the 


322 


Declaration. 


the  faid  A.  5.  the  aforefaid  to  be  paid  to  the  faid  A.  B. 
when  he  Qijuld  be  thrreunto  required  :  Niverthelefs  the 
faid  C.  D.  although  often  required,  &lc.  hath  not  yet  paid 
the  faid  to  the  faid  A.  B.  but  hitherto  hath  refuted 
and  ftill  doth  refufe  to  pay  the  fame  to  him,  to  the  damage 
of  the  faid  A.  3.  of  dollars  and  therefore  he  brings 
fuit,  &c. 

E.  F.  for  plaintiff. 
Pledges  of  profecuting,  John  Doe  and  Richard  Roe. 

Duichefs,  (T.  A.  B.  pucs  in  his  place  E.  F.  his  attorney 
againil  C.  D.  in  a  plea  of  debt. 


Declaration  on  a  Bond. 

Supreme  Court,  of  the  term  of  Oftobcr,  in  the  year 
of  our  Lord  one  thoufand  eight  hundred 

Ullier,  ff.  A.  B  complains  of  C.  D.  in  cuftody,  &c.  of 
a  pica  that  he  render  to  the  faid  A.  B.  dt>llars  lawful 

money  of  the  ftate  of  New- York,  which  the  fdid  C.  D.  owes 
to  the  faid  A.  B.  and  uiijullly  detains  from  him  for  this,  to 
wit,  That  wheieas  the  faid  C.  D.  on  the  day  of  in 
the  year  of  our  Lord  one  thoufand  at  and  In  the 
county  of  [by  his  certain  writing  obligatory  fealed  with 
the  fcai  of  the  faid  C.  D.  and  to  the  juftices  of  the  people 
of  the  (late  of  New- York  of  the  fupreme  court  of  judicature 
of  the  fame  people  now  (hewn,  the  date  whereof  is  on  the 
fame  day  and  year,  acknowledged  himfclf  to  be  bound  to 
the  faid  j4.  B.  in  the  faid  (um  of  to  be  paid  to  the 

faid  A.  B-  when  he  the  faid  C.  D.  (hould  be  thereunto  af- 
terwards rcqutfted,  &c.  Yet  the  faid  C.  D.  although  often 
requefted,  &c.J  hath  not  yet  paid  the  faid  fum  of  to 
the  faid  A.  B.  but  hither  o  hath  refufed  and  ftill  doth  re- 
fufe to  pay  tlie  fame  to  him.  to  the  damage  of  the  faid  A,  B, 
of  dollars,  and  therefore  he  brings  fuit,  Sec. 

E.  F.  for  plaintiff. 

Pledges  of  profecuting,  John  Doe  and  Richard  Roe. 

Ujjler,  ff. —  >}.  B.  puts  in  his  place  JS.  F,  his  attorney, 
agaiiiil  C  D.  in  a  plea  of  debt. 

Dsilaration 


Declaration. 


Declaration  on  a  Bail  Bail  Bond, 

Supreme  Court,  of  the  term  of  July,  in  the  year  of 
our  Liord  one  thoufand 
ff. — A.  B.  aflignee  of  efquire, 
fherlff  of  the  county  of  according  to  the  form  of  the 
ftatute  in  that  cafe  made  and  provided,  complains  of  6'  D 
and  E.  i^".  being  in  cuflody ,  &c.  of  a  plea  chat  theyrendei' 
thedxdA.  B.  dollars  of  lawful  money  ot  New- York, 
whii-h  thefaid^7.Z).  and  E.F.  oweto  the  faid  i.B.  and  from 
him  unjullly  detain  for  this,  to  wit  :  That  whertas  the  faid 
on  the  day  of  in  the  year  of  our  Lerd  one  thoufand 
at  thi.'city  of  in  the  ounty  of  profecuted  out 
of  the  fupremc  court  of  jiidicature  of  the  people  of  the  ftate 
of  New- York,  before  the  jufticcs  of  the  fame  court  (the 
faid  court  then  being  held  at  the  faid  city  of  in  the 
county  of  )  a  certain  writ  of  the  faid  people,  commonly 
called  a  capias  ad  refpondeiidum,  diretled  to  the  (lierifF of 
the  faid  county  of  by  whici!  the  faid  people  command* 
ed  the  faid  Hieriff  that  he  (hould  take  the  laid  C  D.  if  he 
fliould  be  found  in  his  bailiwic,  and  him  fafvly  keep,  fo  that 
he  might  have  his  body  before  our  juftices  of  our  fupremc 
court  oi  judicature,  at  the  city-hall  of  the  cicy  of  on 
the  Tuefday  of  then  next,  to  aniwerunto  the  faid 
A.  B.  in  a  plea  of  tref^-afs,  and  alfo  to  a  bill  of  the  faid  il.  B. 
againft  the  faid  C.  D. 

according  to  the  cuftom  of  the  faid 
court,  before  the  faid  jultices,  there  then  to  be  exhibited, 
which  faid  writ  afterwards  and  before  the  return  thereof,  to 
wit,  on  the  day  of  in  the  year  aforefaid,  at  in 
the  county  of  as  aforefaid,  was  delivered  to  efquire, 
then  (herifF  of  the  faid  county  of  to  be  executed  in  due 
form  of  law  ;  by  virtue  of  which  faid  writ,  direAed  and  dc« 
livtred  to  the  faid  ftierifF  in  form  aforefaid,  tlie  faid 
thep  being  (herifF  as  aforefaid,  afterwards,  lo  wit,  on  the 
day  of  in  the  year  aforefaid,  at  in  the  county 
of  aforefaid, took  and  arrefttd  the  faid  CD.  by  his  body 
and  hath  detained  and  Uept  the  faid  C.  D-  then  and  there  in 
hisciiftody,  by  virtue  of  the  faid  writ  and  that  arreft  :  And 
whereas  tlie  faid  CD.and  jE.F.after  wards, to  wii.on  the  fame 
day  and  yearlail  mentioned,  at  in  tiie  county  of  afore- 
faid 


S34 


DeclaratioH^ 


faid  (the  fald  C.  D.  being  fo  taken,  arrefted,  detained  and 
kept,  by  the  faid  fhcrifF  aforefaid,  and  then  and  there  re- 
maining in  the  cuftody  of  the  faid  (heriff,  by  virtue  of  the 
faid  writ)  by  a  certain  writing  obligatory,  commonly  called 
a  bail  bond,  fealed  with  the  feals  of  the  faid  C.  D.  and  E.  F. 
and  to  the  court  of  the  people,  before  the  juftices  thena- 
felves,  now  here  fhewn,  the  date  whereof  is  on  the  fame  day 
and  year  laft  mentioned,  acknowledged  to  be  held  and 
firmly  bound  to  the  faid  then  being  (herifF  aa  afore- 

faid,  by  the  name  of  efqiiirc,  fherilT  of  the  county  of 

in  the  fum  of  of  lawful  money  of  New-York,  to 
be  paid  to  the  faid  or  to  his  certain  attorney,  heirs, 

executors,  adminiftrators  or  affigns,  when  the  faid  C.  D. 
and  E.  F.  Hiould  be  thereunto  afterwards  required  ;  with  a 
condition  to  the  faid  writing  obligatory  underwritten,  that 
if  tl>e  faid  C.  D.  fhould  perfonally  appear  at  the  then  next 
fuprenie  court  of  judicature  of  the  (late  of  New- York,  to  be 
held  at  the  city  hall  of  the  city  of  on  the  Tiiefday 
of  then  next,  before  the  jullices  of  the  fame  court,  to 
anfwer  unto  the  faid  A.  B.  in  a  plea  of  trefpafs,  and  alfo  to 
a  bill  of  the  faid  A.  B.  againft  the  faid  C.  D.  then  the  faid 
obligation  fnould  be  void,  oiherwife  to  remain  in  full  force 
and  virtive,  as  y  the  faid  writing  obligatory,  and  condition 
thereof,  relation  being  thereunto  had,  will  more  fully  ap- 
pear ;  which  faid  writing  oliligatory,  with  the  condition 
there  under  written,  was  taken  by  the  ("aid  Iheriff  aa 

aforefaid,  by  virtue  of  the  writ,  and  by  force  of  the  ftatute 
in  fuch  cafe  made  and  provided  ;  And  the  faid  A.  B.  aflignec 
as  aforefaid,  in  fadl  faith  that  the  faid  C.  D.  did  not  appear 
in  the  faid  court  before  the  jufticesof  the  faid  court,  otj 
the  day  in  the  condition  aforefaid  mentioned,  according  to 
the  exigency  of  the  faid  writ,  whereby  the  faid  writing  ob- 
ligatory became  forfeited,  and  the  faid  fum  of  money  therein 
mentioned  or  any  part  thereof  not  being  paid  to  the  faid 
flierift",  the  faid  then  and  now  being  (herifF  as  afore- 

faid, afterwards,  to  wit,  on  the  day  of  in  the  year 
of  our  Lord  one  thoufand        at       and  in  the  county  of 

aforefaid,  at  the  requeft,  coft  and  charges  of  the  faid 
A-  B.  the  plaintiff  in  the  faid  fuit,  by  an  endorfement  on 
(he  back  of  the  faid  writing  obligatory,  made  and  attefted 

ia 


Pita.  Z25 

In  the  prefenoe  of  two  credible  witneffes  and  fealed  with  the 
feal  of  the  faid  fherlfF,  alligned  the  faid  writing  obligatory 
to  the  faid  B.  according  to  the  form  of  the  ftatute  in 
fuch  cafe  made  and  provided,  as  by  the  faid  afiignment  en- 
dorfed  on  the  faid  writing  obligatory,  and  to  the  court  of 
the  people  before  the  juftices  of  the  fame  court  now  here 
fliewn,  the  date  whereof  is  the  day  and  year  lad  aforefaid 
may  more  fully  appear  ;  by  reafon  of  which  faid  premifes, 
and  according  to  the  form  of  the  ftatute  in  that  cafe  made 
and  provided,  an  aftion  hath  accrued  to  the  faid  A.  B. 
as  aflignee  of  the  faid  fheriff  as  aforefaid,  to  demand 

and  have  of  the  faid  C,  D.  and  E.  F.  the  faid  fum  of  above 
demanded:  Neverthelefs  the  faid  C.Z).  and  E.F.  (alcho  often 
requefted)  have  not  yet  paid  the  faid  above  demanded  or 
any  part  thereof  to  the  faid  /heriff  as  aforefaid  be- 

fore the  faid  aflignment,  or  to  the  faid  A.  B.  aflignee  as 
aforefaid  fince  the  faiJ  aflignment,  or  to  either  of  them,  but 
the  (nidCD-SiE.F.  to  pay  the  fame,  or  any  part  thereof,have 
hitherto  wholly  refufcd,  and  ftill  refufe  fo  to  do  to  the 
dama(je  of  the  faid  A.  B.  aflignee  as  aforefaid,  of  and 
therefore  he  brings  fuit,  &c. 

Fledges  to  profecute,  yobn  Doe  and  Richard  Roe. 

G.  H.  atty.  for  pltf. 

fl". — ^.  B,  aflignee  of  efquire,  fheiiff  of  the 

county  of  puts  in  place  G.  H.  his  attorney,  againil 
E.  F.  in  a  plea  of  debt. 

Plea  on  a  Bond, 
Supreme  Court. 
Between,  5cc. 

And  the  faid  by  his  attorney,  comes  and  defends 
the  force  and  injury,  &c.  and  fays  that  he  cannot  deny  the 
action  aforefaid  of  him  the  faid  nor  but  that  the  writing 
obligatory  aforefaid  is  the  deed  of  him  the  faid  nor  but 
that  he  oweth  to  the  faid  the  faid  fum  of  dollars, 
in  manner  and  form  as  the  faid  above  againft  him  doth 
complain,  &c.  E.  F.  attorney  for  the  defendant. 

Columbia,  fl".  putj  in  his  place  E-  F.  his  attorney,  at 
the  fuit  of       in  the  plea  aforefaid.  Plea 


225  Plea  and  Judgment  Roll. 


Plea  on  a  Mutuatus. 
Supreme  Court, 
Between,  &c. 

Andthefaid  by  his  attorney,  eomes  and  defends 
the  force  and  injury,  when,  &c.  and  fays  that  he  cannot 
deny  the  adion  aforefaid  of  him  the  faid  nor  but  that 
he  oweth  to  the  faid         the  faid  fum  of  dollars,  in 

manner  and  form  as  the  faid  above  againft  him  doth 

complain,  &c.        E.  F.  attorney  for  defendant. 

Rockland,  ff.  puts  in  hia  p'ace  E.  F.  his  attorney  at 
the  fuit  of  the  faid       in  the  plea  aforetaid. 


Judgment  Roll, 

Pleas  before  the  juftices  of  ihe  people  of  the  date  of  New/- 
Yoik,  of  the  fupreine  court  oi  judicature  of  the  fame  peo- 
ple, at  the  city-hall  of  the  city  of       of  the  term  of 
in  ihe  year  of  the  independence  ot  the  faid  people* 

Witnef-  J  'hn  Lanfing,  jun.  efquire,  chief  juftice. 

Jllbanj,jf.  A.  B  puis  in  his  place  E.  F.  his  attorney  againil 
C.  D.  in  a  plea  of  debt. 

Albanjtff,  C.  D.  puts  in  his  place  G.  H.  his  attorney  at  the 
fuit  ot  A.  B,  in  ihe  plea  atoiefaid- 

.„  _  D  E  it  remembered,  That  on  the  Tuefday 
Albany,  JJ   £^  ^,  this  fame  term,  before  the  juftices 

of  ihe  people  of  ihc  ftate  of  New- Yt.-rk,  the  fupreme  court 
of  judicature  of  the  lame  people,  ai  the  city-hall  ot  the  city 
of  comes  A.  B.  by  E.  F.  his  attorney,  and  brings  now 
here,  into  ihe  court  of  the  faid  people,  before  the  jullices 
aforefaid  ihete,  his  certain  bill  againft  C.  D-  incuftod),Sfc. 
of  a  pica  of  debt,  and  there  ate  pledges  to  profecute,  to  wit, 
John  Doe  and  Richard  Roe,  which  faid  bill  follows  in  thefc 
words,  to  wit  : 

Albany,  Jf.  A.  B.  complains  of  C.  D.  in  cuftody,  &c.. 
of  a  piea,  tnai  he  render  to  tie  faid  i.  B.  lawful  money 
of  the  Uuited  States,  which  the  faid  C.  D.  owes  to  the  faid 
A,  B.  and  unjuftly  detains  from  him  for  this,  to  wit,  that 
whereas  the  faid  C.  D.  en  the  day  ef  in  the  year  of 
oui  Lord  one  thoufand  eight  hundied,  at      ai»lin  the  county 

of 


Letter  »f  Adminyiratlon, 


227 


0*  Albany  [borrewed  of  the  faid  .V.  5.  the  aforefaid  fum  of 
dollars,  to  be  paid  to  the  faid  A.  B.  when  he  the  faid 
C.  D.  (hould  be  thereunto  afterivards  required,  &c.  Yet  the 
faid  C.  D.  although  often  required.  &c.]  nath  not  yet  paid  the 
faid  10  the  faid  A.  B.  but  hitherto  hath  refufed,  and  ftill 
doth  rcfufe  to  pay  the  fame  to  him  to  the  damage  of  the  faid 
A.  B.  "f  dollars,  and  therefore  he  brings  fuit,  fitc.  And 
the  faid  C.  D.  by  G.  H.  his  attorney,  comes  and  defends  the 
force  and  inj"ury  when,  &c.  and  fays  that  he  cannot  deny  the 
af^ion  aforefaid  of  him  the  faid  .4.  B.  *  nor  but  that  he  owetl) 
to  the  faid  j^.  B.  the  faid  fum  of  dollars  in  manner  and 
form  as  the  faid  A.  B.  above  agajnft  hi  n  doth  compla'n,  &c. 

Therefore  it  is  confidered  that  the  faid  A,  B.  do  recover 
againft  the  faid  C,  D.  faid  debt,  and  alfo  dollars  for  his 
dnmages  which  he  hath  fuftained  a^  well  by  reafon  of  the  deten- 
tioi  of  that  debt  as  for  his  cofts  and  charges  by  him  about  his 
foit  in  thisbehall  expended,  by  the  juftices  of  the  faid  people 
DOW  here  adjudged  t^<  the  faid  A,  B.  by  afient.  And  thp 
(aid  in  mercy  &c. 

Judgment  figned  the       day  of 

Note.  This  form  will  anfwerfor  a  judgment  roll  on  a  bond, 
by  fubllituting  fur  what  is  above  included  within  brackets 
[  ]  r»  much  of  the  declaration  on  a  bond  as  ts  alfo  thuj 
marked  ;  and  by  inferting  at  this  mark  *  the  following  words, 
««  nor  but  that  the  writing  obligatory  is  the  deed  of  hioi  th? 
M  (aid  C.  D." 


Letter  of  Adminlftiatien, 

The  People  of  the  State  of  New-Yark,  by  the  grace  of  Go4 
free  and  independent ; 

To  A.  B.  of,  &c.  fend  greeting. 

WHEREAS  C.  D.  of,  8cc.  as  is  allcdged,  lately  died 
iaieftate,  having  whuft  liTirg,  and  at  the  time  of 
his  -ea  h,  goc-ds,  chadcU  or  credits,  within  this  ftate,  by 
means  whereof  the  ordering  and  granting  adminiftration  ol' 
ail  and  lingular  the  faid  goods,  chattels  and  credits  ;  and  alfo 
the  auditi.igi  allowing  and  final  difchar^ing  the  account 
tjiereot  doth  aps'ier'ai..  unto  us  ;  and  we  being  deftrou>  that 
the  goodSf  chaiieU  and  ciedits  of  the  faid  deceafed  may  be 


338 


^Jm'tn'tflratlon  Bond, 


well  and  faithfully  adminiftered,  applied  and  difpofed  of,  do 
grant  unto  you  the  faid  A.  B.  full  power  by  thefe  prefents, 
to  adminifler,  and  faithfully  difpofe  of  all  and  fingular  the  (aid 
goods,  ehattelsand  credits,  to  alk,  demand,  recover  and  receive 
the  debts,  which  unto  the  faid  deceafed,  whilft  living,  and  at 
the  time  of  death,  did  belong,  and  to  pay  the  debts  which 
the  faid  deceafed  did  owe,  fo  far  as  fuch  goods,  chattels  and 
credits  will  thereto  extend,  and  the  law  require  :  Hereby  re- 
quiring you  to  make  or  caufe  to  be  made,  a  true  and  perfedt 
inventory  of  all  and  fingular  the  goods,  chattels  and  credits  of 
the  faid  deceafed,  which  have  or  (hall  come  to  your  hands» 
poiTefTion  or  knowledge,  and  the  fame  fo  made  to  exhibit  or. 
caufe  to  be  exhibited  into  the  office  of  the  furrogate  of  the 
county  of  VVeftchefter,  at  or  before  the  expiration  of  fix  ca- 
lendar months,  from  the  date  hereof ;  and  alfo  to  render  a  juft 
and  true  account  of  adminidcation,  when  thereunto  requireil. 
And  we  do  by  thefe  prefents,  depute,  conditute  and  appoint 
you  the  faid  A.  B.  adminiftrator  of  all  and  fingular  the  goods* 
chattels  and  credits  which  were  of  the  faid  C.  D, 

In  teftimony  whereof,  we  have  caufed  the  feal  of  office  of 
our  faid  furrogate  to  be  hereunto  affixed.    Witnefs  E.  F, 
efquire,  furrogate  of  the  faid  county,  at  Weftchcfter,  the 
day  of      in  the  year  of  our  Lord  one  thoufand  eight  hun- 
dred      and  of  our  independence  the 


yldmlnijlralion  Bond, 

KNOW  all  men  by  thefe  prefents,  That  we  John  Doe 
and  Richard  Roe,  of  &c.  are  held  and  firmly  bound  un- 
to the  People  of  the  S-tate  of  New-York,  in  the  fumof 
dollars  lawful  money  of  the  faid  ftate  ;  to  be  paid  to  the  faid 
People,  to  which  payment  well  and  truly  to  be  made,  we  do 
bind  ourfelvcs,  and  each  of  us,  our  and  each  of  our  heirs,  ex- 
ecutors and  adminiftrators,  jointly  and  feverally,  firmly  by 
thefe  prefents,  fealed  with  our  feals,  dated  the  day  of 
in  the  year  of  our  Lord  one  thoufand  eight  hundred' 
and  of  our  independence  the 

The  condition  of  this  obligation  is  fuch,  that  if  the  above 
bound  jfohn  Doe,  adminiftrator  of  all  and  fingular  the  goods, 
chattels  and  credits  of  Thomas  Den,  of  Sec.  deceafed,  do 

make 


/t(hn'w'tj\cii'ion  Bond. 


make,  or  caufe  to  be  made,  a  true  and  perfe£l  inventory  of 
aii  and  fingolar  the  goods,  chattels  and  credits  of  the  faid 
deceafed  which  have  or  fhall  come  to  the  hands,  poffrffioii 
et  knowledge  of  the  faid  Thomas  Den,  or  to  the  hands  or 
pnfTtflion  of  any  other  perfon  or  perfons  for  the  faid  'Thomas 
Den  ;  and  the  fame  fo  made,  do  exhibit,  or  caufe  to  be  ex- 
hibited, into  the  office  of  the  fuiiogate  of  the  corunty  of 
Montgomery,  at  or  before  the  expiration  of  fix  lalendar 
nionths  from  the  date  of  the  above  written  obligation,  and 
the  fame  goods,  cl)«ttels  and  credits,  and  all  other  goods, 
chattels  and  credits  of  the  faid  deceafed,  at  the  time  of  his 
death  which  at  any  time  sfter  (hall  come  to  the  hands  or 
pofTeirion  of  the  faid  Thomas  Den,  or  into  the  hands  or  pof- 
fcilion  of  any  other  perfon  or  ptrfons  for  the  faid  '  homas 
Den,  do  well  and  truly  adoninilter  according  to  law  :  And 
further,  when  thereunto  required,  do  make  or  caufe  to  be 
made,  ajuft  and  true  account  of  admlniftration  ;  and  ail  the 
reft  and  refidue  of  the  faid  goods,  chattels  and  credits,  which 
fhall  be  found  remaining  upon  the  faid  adminiftiation  ac- 
counts, the  fame  being  firft  examined  and  allowed  of  by  the 
judge  of  the  court  of  probates  of  this  ilate,  for  the  time 
being,  (hall  dchver  and  pay  unto  fuch  perfon  or  perfons  re- 
fpeftively,  as  the  faid  judge,  by  his  decree  or  fentence,  (liall, 
purfuant  to  the  true  intent  and  meaning  of  the  ai£l,  entitled 
"  ^n  a8  far  fettling  intefiate  ejlaies,  proving  tuilU  and  grant- 
ing  adminijlrations,'''  limit  and  appoint :  And  if  it  (lull  hire- 
after  appear,  that  any  laft  will  and  tcftament  was  made  by 
the  faid  decea(ed,  and  the  executor  or  executors  thereia 
named,  or  any  other  perfon  or  perfons,  do  exhibit  the  fame, 
and  reqiieft  to  have  it  allowed  and  approved,  then  if  the  faid 
Thomas  Den,  being  thereupon  required,  do  render  and  de- 
liver the  letters  of  adininiftration,  granted  on  the  e(^ate  of 
the  faid  deceafed,  to  the  office  from  which  the  fame  were 
iflued,  then  this  obligation  to  be  void  and  of  none  effect,  or 
elCe  to  remain  in  full  force  and  virtue. 

Seated  and  delivered. 
In  the  prefence  of 


U 


Letters 


3 JO         Letters  Teflamentary—^rlUration  Bond, 


Letters  Tejlamentary, 

THE  People  of  t!ie  (late  of  New- York,  by  the  grace 
of  God  free  and  independent  :  To  all  to  whbtn 
thefe  prefencs  fhall  come,  or  n  ay  concern,  fend  greeting  ; 
Kno'wye,  that  al  the  city  of  Albany,  in  the  county  of  Albany, 
on  the  one  ihoufand  eight  hundred  beforey^.  G.  L. 
efq.  furrogRtt  of  our  faid  county,  the  iaft  will  and  tella- 
ment  of  A.  B.  dectafed,  (a  copy  whereof  is  hereunto  an- 
nexed) was  proved,  and  is  now  approved  and  allowed  of 
by  us  ;  and  the  faid  deceafed  having  vnhilft  he  lived,  and 
at  the  time  of  his  death,  goods,  chattels  or  credits,  within 
this  ftate,  by  means  whereof  the  proving  and  regillering  the 
faid  will,  and  the  granting  adminiftration  of  all  and  fingular 
the  faid  goods,  chattels  and  credits,  and  alfo  the  auditing, 
allowing  and  final  difcUarging  the  account  thereof,  doth 
belong  unto  us ;  ibe  adminiilration,  of  all  and  fingular  the 
goods,  chattels  and  credits  of  the  faid  deceafed,  and  any 
way  concerning  his  will  is  granted  unto  C.  D.  and  E.  F, 
executors  in  the  faid  will  named,  they  being  firll  duly 
fworn  well  and  faithfully  to  adminifter  the  fame,  and  to 
make  and  CKhibit  a  true  and  perfeft  inventory  of  all  and 
fingular  the  faid  goods,  chattels  and  credits,  and  alfo  to 
render  a  juft  and  trqc  account  thereof  when  thereunto  re- 
quited. In.  teftimony  whereof,  we  have  caufed  the  feal  of 
office  of  our  faid  furrogate  to  be  hereunto  affixed.  Witnefs 
j^.  G-  L.  efq.  furrogate  of  the  faid  county,  at  Albany 
aforefaid,  the  day  of  in  the  year  of  our  Lord  onq 
tboufand  eight  hut^dred       and  of  our  independence  th? 

/Irbltration  Bond. 

TT'  NOW  all  men  by  thefe  prefents,  that  I  A.B.  of,  &c.  am 
J\.  held  and  firmly  bound  unto  C.  D.  of,  Sec.  in  the  fum 
of  dollars  lawful  money  of  the  State  of  New-York, 
gold  and  filver,  to  be  paid  to  the  faid  C.  D.  or  to  his  cer. 
tain  attorney,  heirs,  cKCcutors,  adminiftrators  or  affigns  ; 
To  the  which  payment,  well  and  truly  to  be  rojde,  I  bind 
myfelf,  my  heirs,  executors  and  adminiftrators,  and  each  and 
every  of  them,  firmly  by  thcfe  piefenH.  Sealed  with  my 
feal,  dated  the  day  of  in  the  year  of  our  Lord  onp 
^houfand  eight  hun<lre4  T|>i 


Bond  on  Sale  of  Laitth, 


23« 


The  condition  of  this  obligation  is  fuch,  that  if  the  above 
tioundi^n  /i.  B.  his  heirs,  executors  and  adminiltrators,  and 
each  and  every  of  them,  iliall  and  do  in  and  by  all  things, 
well  and  truly,  ftand  to,  obey,  abide,  perform,  fulfil  and 
keep,  the  award,  oider,  aibitrament,  final  end  and  detei  = 
mination  of  ^here  name  the  arbitrators']  or  any  two  of  them, 
arbitrators  indifferently  elefted,  choftn  and  named,  as  well 
by  and  on  the  part  and  behalf  of  the  faid  A.  B.  as  by  and 
bn  the  part  and  behalf  of  the  faid  C.  D.  to  arbitrate,  award, 
order,  judge  and  determine,  of  and  concerning,  all  and  all 
manner  of  aftion  and  aflions,  caufe  and  caufes  of  aftions, 
fuits,  bills,  bonds,  fpeciallies,  covenants,  promifes,  accounts, 
reckonings,  funis  of  money,  jmigmenis,  executions,  extents, 
quarrels,  conlroverfies,  irefpafles,  damages  and  demands 
whatfoever,  at  any  time  heretofore  had,  made,  moved, 
brought,  commenced,  fued,  profecuted,  done,  fuffered,  com- 
mitted or  depending,  by  or  between  the  faid  parties^  fo  ss 
the  award  of  t!ie  faid  arbitrators,  or  any  two  of  them,  be 
liiade  in  wiiting,  under  their  or  any  two  of  their  hands  and 
fcals,  ready  to  be  delivered,  to  the  faid  pailies  in  difFtrence, 
on  or  befoie  the  day  of  next,  then  this  oblicja- 

tion  to  be  void  and  of  none  effcfl,  otherwile  tff  remain  in  full 
force  and  virtue. 

Sealed  and  delivered. 
In  the  ^rejence  of 


A  Bond  givfn  on  the  Bargain  and  Sale  of  Lands  fo  execute  a 
Died  ef  Conveyance  thereof,  an  the  Payment  of  the  Conftdcra- 
tion  Mumei. 

KNOW  all  men  by  thefe  prefents,  that  1  A.  B.  of,  &c. 
am  htld  and  firmly  bound  unto  C.  D  of,  &c,  in  the 
fum  of  dollars,  lawful  money  of  the'State  of  Ntw-York, 
to  be  paid  to  the  faid  C.  D.  or  to  his  certain  attorney,  heirs, 
executors, ^dminlftrators  or  afligns  :  to  the  which  payment 
well  andiViily  to  be  made,  I  bind  myfelf,  my  heirs,  execu- 
tors aiid  adminikrators,  and  each  and  every  of  them,  firmly 
by  thtfc  prefents.  Sealed  with  ray  feal,  dated  the  day 
of       in  the  year  of  our  Lord  one  iboufand  eight  hundred. 

The 


23* 


Sheriff's  Bill  of  Salt. 


The  condition  of  this  obligation  is  fuch,  that  whereas  the 
above  bounden  A.  B,  hath,  on  the  day  of  the  date  hereof, 
fold  to  the  fald  C.  D.  a  certain  traft  of  land,  fituate,  lying- 
and  bting  in  the  town  of  in  the  county  of  which  is 
known  and  diftingulfhed  by  [here  infert  a  particular  dtjcrip- 
tion  cj the  premifes\  for  the  confidctation  of  dollars  law. 
ful  money  as  aforefaid  ;  the  fam  of  dollars  pa(rcel  thereof, 
is  hereby  acknowledged  to  be  paid  and  received — for  the 
remainder,  a  certain  bond  or  obligation  execnted  and  deliv- 
ered by  thefaid  C.  D.  onto  the  above  bounden  /).  B.  bear- 
ing  even  date  with  thefe  prefents,  payable  as  follows,  to 
wit  :  [_here  name  the  particular  periods  cf  payment  as  mention' 
ed  in  the  bond]  which  bond  or  obligation  being  paid  and  can- 
celltd,  Bgreeable  to  the  tenor  of  the  faid  bond  the  faid 
yl.  B.  for  himfclf,  his  heirs,  executors  and  adminiftrators, 
flial!  and  will  convey,  or  caufe  to  be  conveyed,  by  deed  ia 
fee  fimpie,  lo  thefaid  CD.  his  heirs,  executorr,  adminiftra- 
tors and  affigns,  the  above  dtfcribed  land  :  but  on  failure  of 
the  paymetit  of  the  faid  bond  or  any  part  thereof,  on  or 
before  the  time  limited  as  aforefaid,  then  this  bond  obli- 
gatory fhall  be  void  aiid  of  no  effedt  ;  and  the  premifes 
above  defcribed,  fhall  remain  the  property  of  the  faid 

B.  his  heiis,  executors  and  adminiflratois,  together 
with  the  impioveroerits  thereon,  as  if  no  fuch  contraft 
or  fale  had  been  made,  any  thing  to  the  coiitrary  herein- 
expreffcd  notwithlbnding  ;  otherwife  to  remain  in  full  force 
and  virtue.    Sealed,  &c. 


Sheriff's  Bill  of  Sale. 

To  all  to  whom  thefe  prefents  fhall  come,  I  John  Given, 
Efquire,  Sheriff  of  the  City  and  County  of  Albany,  fend 
Greeting  : 

WHEREA^,  by  virtue  of  a  writ  of  fieri  facias,  if- 
fiied  out  of  the  fupreme  court  of  judicature,  of 
the  (late  of  New-York,  tefttd  the  twenty-eighth  day  of 
April,  in  the  year  of  our  Lord  one  thoufand  eight  hundred 
and  of  our  independence  the  a"t  the  fuit  of  jfohn 
Doe,  to  me  direfted  and  delivered,  commanding  roe  that  of 
the  goods  and  chalttls  of  Ri(harJ  Roe,  to  levy  dollars 

cents, 


Fublic  Stock. 


233 


cents,  damages  and  cofts,  I  have  ftized  and  taken 
^Jfere  defcrtbe  the  goods  Jei%ed'\  the  property  of  the  faid 
JUichard  Roe.  And  whereas  the  faid  aforefaid,  fince 
the  feizure  by  me  made,  by  virtue  of  the  faid  writ  of  fieri 
facias  before  mentioned,  hath  been  expofed  to  fale  at  pub- 
lic vendue,  and  purchafed  by  Thomas  Den,  of  the  city  of 
SchtneSady,  in  the  county  of  Albany,  and  fiate  of  New- York, 
for  dollars,  bctng  the  higheft  fum  that  was  bidden  for 
the  faid  Noiv  knoiv  ye,  }L\\iX.\'  John  Given,  fljerifF  as 
aforefaid,  by  virtue  of  the  faid  writ  of  fieri  facias  aforefaid, 
and  by  virtue  of  the  (latute  in  fuch  cafe  made  and  provided, 
and  for  and  in  confideration  of  the  faid  fum  of  dollars, 
to  me  in  hand  paid,  by  the  faid  Thomas  Den,  the  receipt 
and  payment  whereof  I  do  hereby  acknowledge,  have  grant- 
ed, bargained  and  fold,  and  by  thcfe  prefents,  do  grant,  bar- 
gain and  fell  unto  the  faid  Thomas  Den,  his  heirs  and  af- 
figns,  llie  faid  as  before  mentioned  and'defcribtd  ;  and 
all  the  eftate,  right,  title  and  intereft  wliich  the  faid  Rich- 
ard Roe  of  right  had,  of,  in  and  to  the  faid  aforefaidu 
as  fully  and  abfolutely  as  I  the  faid  John  Given,  fheriff  aa 
aforefaid,  might,  could  or  ought  to  grant,  bargain  and  fell, 
the  faid  by  force  of  the  (\atute  aforefaid  and  the  faid 
■writ  of  fieri  facias  or  otherwife.  In  wittiefs  whereof,  I  the 
faid  JohnCiven,  (heriff,  have  hereunto  fet  my  hand  and  feal, 
the  day  of  in  the  year  of  our  Lord  one  thoufand 
eight  hundred 

Sealed,  i^c. 


Public  Stock. 

ACCORDING  to  an  aft  of  Congrefs,  paffed  April  28, 
1 796,  entitled  «<  An  aft  in  addition  to  an  aft,  entitled 
"An  aft  making  further  provifion  for  the  fupport  of  public 
credit  and  for  the  redemption  ot  the  public  debt,"  the  faid 
debt  or  flock  will  be  leimburfed  and  paid  in  manner  follow- 
ing, viz. 

1 .  By  dividend  to  be  made  on  the  laft  day  of  March,  June 
ard  September  for  that  year,  and  from  that  year  1797  to  1  8]  8, 
inclufive,  at  the  rate  of  \  \  per  cent,  upon  the  original  capital. 

2.  By  dividend  to  be  made  on  the  lad  day  of  December 

U  2  for 


234 


PubJic  S.'oci. 


for  faid  year  1796,  and  frsm  the  year  lyqy  to  the  year  i8i7> 
inclufiye,  at  tlie  rate  of  3^  percent,  upon  the  original  capital, 
3.  By  a  dividend  to  be  made  on  the  laft  day  of  December, 
1818  of  fiicli  fum  as  will  be  then  adequate,  according  to  the 
^   coniraft,  for  the  final  redemption  of  the  faid  flock. 

All  diftinftlon  between  payments  on  account  of  intereft  and 
principal,  being  thereby  aboliflied,  it  has  become  neceffary  to 
vary  accordingly  the  powers  of  attorney  for  receiving  divi- 
dends. The  following  form  will  anfwei  for  receiving  divi- 
dends or  transferring  (lock. 


Pewer  of  Attorney, 

KNOW  all  men  by  thefe  prefents,  That  I  John  Doe,  of, 
&c.  do  make,  conftitute  and  appoint  Richard  Roe,  of, 
my  true  and  lawful  attorney, for  me  and  in  my  name  \_lf for 
inlerrjlt/ay^  to  receive  the  dividend  or  dividends  whidi  are 
or  ftiall  be  payable  according  to  law,  on  all  [  tf  to  transfer, 
fay  to  transfer,  affign,  fell  and  fet  over,  all — or  if  a  part  only 
IS  to  be  transferred,  fay  to  transfer,  alfign,  fell  and  fet  over 
dollars,  pan  of]  the  ftock  (landing  in  my  name  in  the 
books  of  the  treafury  of  the  United  States  [or  the  comroii- 
fioner  of  loans  in  the  (late  of  New- York]  with  power  alfo 
an  attorney  or  atiornics  ur.der  him  for  that  purpofe  to  make 
and  fubftitute  ;  and  to  do  ail  lawful  a(fis  requifite  for  effec- 
ting the  premifes  ;  hereby  ratifying  and  confirming  all  that 
my  faid  attorney,  or  fubftitute  or  fubftitutes  fhall  do  therein 
by  viitue  hereof.  In  witnefs  whereof,  I  have  hereunto  fet  my 
hand  and  feal,  the  day  of       in  the  year  of  our  Lord 

Sealtd  and  deli-vered 
j.y  the  prefence  of 

E.  F.  of  the  city  of  Scheneftady,  painter. 

G.  H.  of  the  town  of  Duancfburgh,  gentleman. 

Be  it  known,  That  on  the  day  of  one  thonfand 
eight  hundred  before  me,  J.  H.  W.  one  of  the  public 
notaries  for  the  flate  of  New- York,  duly  appointed  and  coin- 
inifTioned,  refiding  in  the  third  ward  of  ihe  ciiy  of  Albany, 
came  A.  B.  within  named,  and  acknowledged  the  above  letter 
of  attorney  to  be  his  afl  and  deed.  In  teftimony  whereof,  I 
have  hereunto  fet  my  hand,  and  affixed  my  notarial  feal,  the 
day  and  year  laft  aforelaid,  F»wer 


Invalid  Penfioners. 


235 


Pawer  of  Attc0ney, 

KNOW  all  men  by  thefe  -prefents,  That  I  ^.  B.  of  in 
the  county  of  and  ftate  of  an  invalid  pen- 

fioner  of  the  United  States  of  America,  for  divers  good  caufes 
and  conSderations  me  hereunto  moving,  have  made,  ordained, 
conftituted  and  appointed,  and  by  thefe  prefents,  do  make, 
ordain,  conftitute  and  appoint  C.  D,  of  my  true  and 

lawful  attorney,  for  me  and  in  my  name,  to  a(k  and  receive 
from  the  fecretary  at  war,  or  fuch  other  officer  as  is  appointed 
for  that  purpofe,  fuch  fura  or  fums  of  money  as  is  or  are  due 
and  owittg  unto  me,  for  my  penfion  as  a  on  the  in- 

valid penfiou  lift  of  the  United  States  of  America,  from  tho 
day  of  to  the  day  of  now  laft  part,  in  virtue 
of  the  laws  in  fuch  cafe  made  and  provided  [or  if  the  invalid 
is  fpeciaily  named  in  any  law,  here  infert  the  title  of  fuch 
JawJ.  Wiih  power  alfo  an  attorney  or  attornies  under  him 
to  make  and  fubftitute,  ar:d  to  do  all  lawful  afts  requifire  for 
effecting  the  premifes  ;  hereby  ratifying  and  confirming  all 
and  whatfoci/er  my  faid  attorney  or  fubftitute  or  fubftitures, 
fhall  do  ;herein  by  virtue  hereof.  In  witnefs  whereof,  1  have 
hereunto  fct  my  hand  and  feal,  tlie  day  of  ia  the 

year  of  our  Lord  one  ihoufand 
ScaUd,  iS(. 

Aekaotjuledgment. 
S.    Perfonally  came  before  me,  E.  F.  efiiuire,  one 
of  the  juftices  of  the  peace  of  the  county  of  A.  B.  the 

invalid  penfioner  within  named,  and  acknowledged  the  above 
letter  of  attorney  to  be  his  voluntary  aft  and  deed.    In  tefti- 
mony  whereof,  I  have  hereunto  fet  my  hand,  this       day  of 
in  the  year  of  our  Lord  one  thoufand 


Noie ;  The  periods  at  which  half-yearly  penfion?  become 
due,  are  the  5th  March  and  jih  September.  It  i$  thfre!  re 
proper  to  infert  in  the  powetj  from  the  5th  March  10  thi;  ^.th 
September,  or  from  the  5th  September  to  the  4th  March,  as 
the  cafe  may  be. 


Sixth 


2^6 


Invalid  Penjlonen. 


Sixth  Stff'ion  of  an  of  Congrefs,  "  to  provide  for  the 
Claims  of  Widows  and  Orphans,  barred  by  the  Limitations 
heretofore  ejlallfhed,  and  lo  regulate  the  Claims  to  Invalid 
Pen/tons,"  pajfed  2^d  March,  1792. 

Sec.  6.  Ar.d  be  it  further  enaddd,  That  from  and  after 
the  paffing  of  this  aft,  ne  fale,  transfer  or  mortgage  of  the 
whole  or  any  part  of  the  penfion  or  arrearages  of  penfion, 
payable  to  any  ron  commiflioned  officer,  foldier  or  fcaman, 
before  the  fame  fliall  become  due,  fliall  be  valid.  And  every 
perfon, claiming  fuch  penfion, orarrearsot penfion  oraoy  part 
thereof,  under  power  of  attorney  or  fubltitution,  fhali, before 
the  fame  is  paid,  make  oath  or  aiRrmaiion  before  fome  jufticc 
of  the  peace  of  the  place  where  the  fame  is  payable,  that 
fuch  power  or  fubllitution  is  not  given  by  reafon  of 
any  transfer  of  fuch  penfion,  or  arrears  of  penfion,  and  any 
perfon,  who  (hall  fvi^earor  affirm  falfely  in  the  premifes,  and 
be  thereof  convicted,  (hall  fuiFer,  as  for  wilful  and  corrupt 
peijury." 


Titles  of  the  ftveral  laiui  noiu  t»  force  relative  to  Invalid 
tenftons. 

*'  An  aft  for  the  relief  of  difabied  foldiers  and  feameni 
late')-  in  the  fervice  of  the  United  States,  and  of  certain  other 
perf  ns,"  pafTed  iith  Auguft,  1790. 

"  An  aft  for  the  relief  of  the  perfons  therein  mentioned  ot 
defcribed,"  paffed  iith  Auguft,  1790. 

"  An  aft  to  provide  for  the  fcitlement  of  the  claims  of 
widows  and  orphans  barred  by  the  limitations  heretofore  efta- 
bliihed,  and  to  regulate  the  claims  to  invalid  penfions," 
paffed  23d  March,  1792. 

"  -Hii  aft  m.'.king  provifion  for  the  perfons  therein  men- 
tioned," paffed  February  27,  1793. 

"  An  aft  to  regulate  the  claims  to  invalid  penfion?,"  paffed 
28th  February,  1793. 

«'  An  aft  concerning  invalids,"  paffed  7th  June,  1794. 

•*  An  aft  ii  addition  to  the  aft  for  making  further  and  more 
effeftual  jirovifion  for  the  proteftion  of  the  frontiers  of  the 
United  States,"  paffed  7th  June,  1794. 

•«  An  aft  fupplenientary  to  the  aft  concerning  invalids," 
paffed  z ift  February,  1 795.  «i  An 


Declaration  of  Ejeament, 


»37 


"  An  aft  authorifing  and  direfling  the  Secretary  at  War, 
I  to  place  certain  perfons  therein  named  on  the  penfion  lift," 
I  paffed  2Cth  .April  1796. 

"  An  afl  for  the  relief  of  certain  ofHcers  and  foldiers  who 
have  been  wounded  or  difabled  in  the  actual  fervice  of  the 
United  States,"  paffed  25d  March,  1796. 

"  An  adt  direrting  the  Secretary  at  War  to  place  certain 
perfons  on  the  penfion  lift,"  paffed  2d  February,  1798. 


•  Declaration  of  EjtBment. 

Silpreme  Caurt,  of  the  term  of       in  the  year  of  our  Lord 
one  thoufand  eight  hundred 

JAMES  JACKSON  complains  of  John  Siiles,  in  cuftody, 
Sec.  for  thif,  to  wit :  that  whereas  A.B-  on  the     day  of 
in  the  year  one  thoufand  eight  hundred       a:  the  town 
of  in  the  county  of  had  demifed,  fet  and  to  farm 

ler,  to  the  faid  James  Jaclcfon,  one  ruefTuageot  dwelling  houfe, 
fix  hundred  acres  of  araMe  land,  fix  hundred  acres  of  paftnre 
land,  fix  hundred  acres  of  meadow  land,  fix  hundred  acres  of 
wood  land,  and  fix  iiundred  acres  of  land  covered  with  water, 
with  the  appurtenances,  fitaate,  lying  aad  being  in  the  town 
and  county  aforefaid.  To  have  and  to  hold  :he  faid  tene- 
ments, with  the  appurtenances,  unto  the  faid  Jai-.Tes  Jackfon 
and  his  affigns,  until  the  full  end  ar.d  term  of  twenty-one 
years,  from  thence  next  enfuing,  and  fully  to  be  complete  and 
ended.  By  viitue  of  which  faid  deinife,  the  faid  James  Jaclc- 
fon entered  into  the  tenements  arDrefaid,  with  the  appurte- 
nances, and  was  polTeffed  theieof,  uniil  the  faid  John  Stiles, 
afterwards,  to  wit,  on  the        day  of  in  the  yeat  one 

thoufand  eight  hundred  with  force  and  arms,  Sec,  entered 
on  the  tenements  aforefaid,  with  the  appartenances,  in  and 
upon  the  poffclfion  of  the  faid  James  Jackfon,  and  ejciftcd, 
expelled  and  amoved  the  faid  James  Jackfon  from  his  f.iid 
farm,  his  faid  tejin  thereof  being  not  yet  ended,  and  kept 
out  and  ftill  keeps  out  the  faid  James  Jackfon,  fo  ejei\ed,  ex- 
pelled and  amoved  from  his  faid  poffellion,  and  then  and  there 
did  other  injuries  to  him,  againft  the  peace  of  the  people  of 
the  ftate  ot  New- York,  and  to  the  great  damage  of  tlie  faid 
Janjes  Jackfon  ;  wherefore  he  fays  he  is  injured,  and  hath 

damage 


tVrit  of  Si  le  /ecer'il  Securum. 


damage  to  the  valce  of  three  hundred  dollars ;  and  thefcFore 
he  brings  fuit,  &c. 

Pledges  of  profecuting,  John  Doe  and  Richard  Roe, 

James  Jackfon  puts  in  his  place  his  attorney,  agaiuft 

in  a  plea  of  trefpafs  and  ejeftment. 

To  Mr.  tenant  in  pofftffim  of  the  premijes,  in  the  fore, 

going  declaration  of  ejeiiment  meniionedt  or  of  fame  part 
thereof. 

I  am  informed  that  you  are  in  poitelTion  of,  or  claim  tiile 
to,  the  prcmifes  in  this  declaration  of  ejeftment  mecitiohed, 
or  to  fome  part  thereof,  and  I  being  fued  in  this  ad^ion  as  a 
cafual  ejeftor,  and  having  no  claim  or  tiileto  the  faid  premi- 
fe?;,  doadvife  you  to  appear  at  the  next  fuprcme  court  of  ja- 
dicature,  to  be  held  for  the  ftate  of  New- York,  at       on  the 

day  of  next,  in  perfon,  or  by  fome  attorney  of  that 
court,  and  then  and  tiiere,  by  role  of  the  fume  couri,  to  taufe 
yoorfelf  to  be  made  defendant  in  my  ftead,  otheiwife  I  (hall 
lufFsr  judginent  to  be  entered  againft  rae  by  default,  and  you 
will  be  turned  out  of  ptifFefTion. 

I  am  J  our  loving  friend,  JOHN  STILES. 


An  original  tVrit  of  Si  te  fecerit  SecuruiH. 
Chancery. 

yohn  Doe,     T  The  People  of  the  State  of  New-York,  hj 
vs.         >     the  grace  of  God  free  and  independent  : 
R. chard  Roc.  J      To  the  Sheriff  of,  &c.  greeting  : 

IF  jfohn  Doe,  of  phyfician,  fliall  give  you  fccurity  of 
profecuting  his  claim,  then  put  by  gage  and  fafe  pledg- 
es Richard  Roe,  of  if  he  can  be  found  in  the  faid  coun- 
ty, fo  that  he  be  before  the  judges  and  alfillant  juftices  of 
the  county  of  in  onr  court  of  common  pleas,  to  be  hold- 
en  at  in  and  for  the  county  of  on  the  Tuefday 
of  next,  f  )r  tliis,  to  wit,  "  That  whereas  the  faid 
Richard  Roe,  on  the  day  of  in  the  year  at 
within  the  jurifdiftion  of  the  faid  court  of  common  pleas, 
was  indebted  to  the  faid  John,  in  dollars  of  lawful 
money  of  the  ftate  of  New- York,  for  certain  work,  labor 

and 


ff^rll  of  Si  te  fcctrit  Securum. 


239 


I'nd  fervices  before  that  time  done  and  performed,  by  the 

aid  J(jhn  for  the  fdid  Richqrd,  as  an  atiSioneer  or  "vendue 
iinTer,  ai  the  place  and  within  the  jurifdiclioa  aforcfaid, 
md  at  hii  fpecial  inftance  and  requeft  ;  and  being  fo  indebt- 
•d,  the  faid  Richard  afterwards,  to  wit,  on  the  day  and  year 
iforefaid,  at  the  place  and  within  the  jurifdiftion  aforefaid, 
n  confiilerption  thereof,  undertook  and  faithfully  promifed 
;ht;  faid  John  that  he  the  faid  Richard  would  well  and  truly- 
Day  and  content  hitc  the  faid  yohn  the  faid  dollars, 
whenever  he  iTiould  be  thereto  afterwards  required  ;  and 
.vhercas  alfo  the  faid  yohn  afterwards,  to  wit,  on  the  day 
and  year  aforefaid,  at  the  place  and  in  the  jurifdidion  afore- 
faid, had  done  and  performed  at  the  like  requeft  of  the  faid 
Richard  certain  other  v.'ork,  labor  and  fervices  as  an  auSioneer 
or  "vendue  majler,  he  the  faid  Richard  in  confideration  thereof, 
undertook  and  then  and  there  promifed  faithfully  to  pay 
him  the  faid  John  all  fuch  fums  of  money  as  the  faid 
flr</ defervcd  to  have  for  the  faid  laft  mentioned  work,  labor 
and  fervices,  whenever  he  (hould  be  thereto  requefted  ;  and 
the  faid  J'jbn  avers,  that  he  deferved  to  have  fyr  ihe  faid 
laft  mentioned  work,  labor  and  fervices,  other  dollars  of 
like  lawful  money  as  qforefaid,  of  which  the  faid  Richard, 
afterwards,  to  wit,  on  the  fame  day  and  year  aforefaid,  at 
the  place  and  in  the  jurifdic^ion  aforefaid,  had  notice  from 
'  the  faid  yohn,  yet  the  faid  Richard  not  at  all  regarding  his  faid 
feveral  promifcs  and  undertakings,  fo  made  by  him  as  afore- 
faid, but  conttiving  and  fraudulently  Intending  him  the  faid 
yohn  to  deceive  and  defraud,  in  this  behalf,  has  not  yet 
paid  the  faid  feveral  fums  of  money  or  any  part  thereof, 
to  the  faid  yuhn  although  often  requefted,  &c.  but  hitherto 
lias  (efulcd  and  ftill  doth  refufe  to  pay  the  fame  to  him,  to 
his  damage  dollars,  as  he  faith,  and  thereof  he  brings 
fuit,  and  good  proof  In  the  premifss,  &c.  and  have  you  thea 
there  the  names  of  the  pledges  and  this  writ.  Witnefs  the 
honorable  R.  R.  L.  efquire,  chancellor  of  our  faid  ftate, 
at  the  city  of  the  day  of  in  the  year  of  our 
independence. 

JT'  foiicttor,  f^an  Ingen,  clerk  in  chancery. 

Writ 


Forc'tih  Entry—Inqu'ifition, 


Writ  to  fummona  yury  on  a  Jorcilh  Entry, 

Albany  7  /-  T  John  Doe,  one  of  the  jullices  of  the  people 
County, X.  of  the  (late  or  New- York,  the  peace  in  the 
county  of  yjibany  to  keep,  and  alfo  divers  felonies,  trefpaflcs 
and  other  mifdcmeanors  in  the  county  aforefaid  perpetrat- 
ed to  hear  and  determine,  afligned,  To  the  flieriff  of  the  faid 
county,  greeting  :  I  command  you,  in  the  name  of  the  peo- 
ple of  the  Hate  of  New-York,  that  you  caufc  to  come  be- 
fore me,  at  the  dwelling  houfe  of  Richard  Roe,  of  the  town 
*  of  Walervl'iet,  in  the  faid  county,  innkeeper,  on  the  day 
of  inftant,  at  o'clock  in  the  noon,  twenty-four 
good  and  lawful  men  of  your  county,  each  of  whom  fhall 
be  above  the  age  of  twenty  one  and  under  the  age  of  fixty 
years,  and  (hall  each  of  them  have  in  his  own  name,  or  right, 
or  in  truft  for  him,  or  in  his  wife's  right,  a  freehold,  in 
lands,  mcffuagfs,  or  of  rents,  in  fee  or  for  life,  of  the  value 
of  fixty  pounds,  free  from  all  reprift-s,  debts,  demands  or  in- 
cumbrances whatfoever,  to  enquire  on  their  oaths,  for  the 
faid  people,  of  a  certain  entry,  made  with  ftrong  hand  into 
a  certain  holding,  by  force  (as  it  is  faid)  of  a  ccitain  mef- 
fuage  or  dvy  tiling  houfe,  and  farm,  of  one  'Thomas  Den, CHU' 
ate  in  the  town  of  Watervllel  aforefaid,  in  the  county  o{ yll- 
bany  aforefaid,  againft  the  form  of  the  flatute,  in  fuch  cafe 
mad*?  and  provided,  and  that  you  return  if]ues  upon  every 
one  of  the  faid  jurors,  by  you,  in  this  behalf,  to  be  impan- 
nelled,  at  the  day  aforefaid,  to  twenty  (hillings  ;  and  have 
you  then  there  this  precept.  Given  under  my  hand  and 
leal,  at  the  town  of  {Vatervliet,  in  the  county  of  Albany^ 
this         day  of        in  the  year  of  our  Lord 

John  Doe,  jufticc. 


y^n  Inqu'ifit'ion. 

AN  inqulfition,  indented  and  taken  at  the  dwelling 
houfe  of        fituate  in        on        the        day  of 
in  the  year  of  our  Lord      before  me,      fherifF  of,  &c. 
By  virtue  of  a  writ  of  the  faid  people,  to  me  dirtfted  and 
Co  this  inquifition  anneiced,  to  enquire  of  a  certain  matter 


^ddtthnal  Forms. 


241 


In  the  fai'd  writ  contained,  by  the  oath  of  [^ffere  name  the 
furors^  good  and  lawful  men  of  roybailiwic,  who  upon  their 
oaths,  do  fay,  that  John  Doe,  in  the  faid  writ  named,  hath 
fuftaincd  damage,  by  occafion  of  the  premifes,  over  and 
above  his  cods  and,  charges  by  him,  about  his  fuit,  in  that 
bthalf  expended,  to  and  for  his  cotts  and  charges,  t* 

jix  cents.  In  teftimony  whereof,  as  well  I  the  faid  flieriff 
as  the  jurors  aforefaid,  have  to  this  inquilition,  put  our 
bands  and  feals,  the  day  and  year  iird  above  written. 


proceedings  to  offefs  the  Improvements  made  on  Lands  under 
the  Hih  Sea'wn  of  the  Aa  of  Partition. 

...        -.TT  ENRY  Ootheudt,  efq.  one  of  the  judge* 

XTJL  of  the  court  of  common  pleasof  the  county 
of  Albany,  To  the  (herifF of  the  city  and  county  of  Albany, 
greeting  ;  You  arc  hereby,  in  the  name  of  the  people  of 
the  ftate  of  New- York,  commanded'to  funimon  twelve  free 
and  lawful  men  of  your  county,  each  of  wbom  (hall  have  in 
bis  own  name  or  right,  or  in  truft  for  him  or  in  his  wife's 
right,  a  freehold  in  lands,  meffuages  or  tenements,  or  of 
rents  in  fee  or  for  life,  of  the  value  of  one  hundred  and  fifty 
dollars  free  from  all  reprizes,  debts,  demands  or  incumbran- 
ces whatfoevcr,  by  whom  the  truth  of  the  matter  may  be 
the  better  known,  and  who  are  in  no  wife  of  kin  either  to 
yi,  B.  proprietor,  or  /.  F.  pofreiTor,  and  who  are  not  in- 
terefted  in  the  traft  of  land  herein  after  mentioned,  to  attend 
me  on  the  premifes  now  in  the  pofTcffion  of  the  faid  /.  F. 
fituate  in  the  town  of  in  the  county  of  Albany  (here 
defcribe  the  prtmifes )  on  the  day  of  at  o'clock 
in  the  noon,  to  aflefs  the  value  of  the  improvements 
made  on  the  faid  premifes.  In  witnefs  whereof,  I  the  faid 
Henry  Oothondt  have  hereunto  fet  my  hand  and  a£5xed 
tny  feal,  the       day  of       in  the  year  of  our  Lord 


Inquifition  thereon. 

ia  after  mentioned,  now  in  the  poiTellion  of  /.  F.  in  the 
V  town 


Additional  Forms. 


town  of  and  county  of  on  tlie  day  of  in 
the  year  cf  <  ur  Lord  between  yi.  B.  proprietor,  and 
the  faid  /.  F.  pofllflbr,  before  Henry  Oothoudt,  efq.  one 
of  the  judges  of  the  court  oF  common  pleas  for  the  county 
of  Albany,  with  the  affiftance  of  f.  S.  &c.  [Acrir  name  tht 
furors']  good  and  lawful  men  of  the  county  of  Albany,  duly 
jfuramoned,  tried  and  fworn  to  eiiquirt  into  and  affcfs  the 
value  of  the  improvements  on  the  ptemi'cs  now  in  the  pof- 
fcffi  m  of  the  faid  /.  F.  fituate  ni  the  tovn  of  aforefaid, 
being  part  of  a  lot  of  land  [hsre  dejcribe  the premifes']  and 
the  faid  jud^e  and  the  faid  jurors  on  their  oaths  fay,  that 
they  alT'.fSjthe  value  of  the  improvements  on  thr  faid  pre- 
mifes  at  of  lawful  money  of  the  (late  of  Neiv-York, 
witnefs  whei  of,  as  well  the  fiif^  judge  as  the  faid  jurors,! 
have  to  this  mquifi'ion  fet  their  hands  and  feals,  the  day! 
9nd  year  firft  above  written. 


Writ  of  Replevin. 
To  the  Sheriff  of  the  County  of  Saiatoga. 

BY  authority  of  the  powers  veiled  in  me,  J.  P.  efq.  one  of 
the  jullices  of  the  peace  of  the  faid  county,  and  in  th^i 
name  of  the  people  of  the  (late  of  New- York,  you  are  com. 
manded  to  caute  fully  and  juftly  and  without  delay  to  be  re» 
pleviedto  J.  S.  of,  &c.  hisbealh,  viz.  now  impounded  iai 
the  town  pound  of,  &c.  by  A.  B.  of,  &c.  and  by  him  ur.juftiy:; 
detained  as  it  is  faid  ;  and  you  are  likewife  to  fuminon  the  fai<|, 
jA.  U.  to  appear  before  rae,  at  my  dwelling  houfe  at  on 
the  day  of  at  o'clock  in  the  noon,  then  and 
there  to  ar  fwer  unto  the  faid  J.  S.  in  a  plea  of  trefpafs,  where^ 
in  the  faid  y.  S.  complains  that  the  faid  A.  B.  on  the 
day  of  at  in  a  certain  place  called  '  took  the  faid 
beads,  that  is  to  fay, 

and  them  imjuftly  impounded  and  detained  as  aforefaid,  until 
this  time,  which  is  to  the  dimage  of  the  faid  jf.S.  as  he  faith, 
the  fum  of  and  therefore  he  brings  this  fuit. — y.  S, 

having  given  fufficient  bonds  to  ptofecute  in  due  form  of  law, 
Hereof  fail  not  at,  &c.  Dated,  &c. 


Return 


^dJllionai  Fornif. 


249 


die/urn  to  a  Writ  of  Hale  as  Corpus, 

mtl  It  ^'  ^"       '^^  "'""*'^)       which  this  fcheduJe  19 

ojfi  A  annexed,  do  moll  humbly  certify,  that  before  the  com« 
'iifjmencing  of  the  faid  writ,  to  me  direded,  to  wit,  on  the Jix' 
f(;i  teenth  day  of  January  injlant,  Tom,  a  Ntgro  man  Jlate,  Lelong- 
Ij'ingta  alfo  in  the  faid  writ  named,  was  committed  to  my 
•iti  cuftody,  in  tht  jail  of  the  city  and  county  of  Albany,  by  virtue 
f.  of  a  mittimus,  in  the  words  following: 

Albany, Jf. — To  any  Conftable  of  the  town  of  Schenec' 
tady,  in  faid  county,  and  to  the  keeper  of  tlie  commoa 
goal  thereof ; 

WH£REAS  on  the  evening  of  the  fourteenth  of  this 
prefent  month,  two  different  buildings,  in  ihctown  of  Sche- 
nedady,  were  fet  on  fire,  and  Tom,  a  Negro  man  belonging  t« 
has  been  brought  tjefore  us  on  fulpicion  of  being  the 
perpetrator  of  faid  act,  and  on  an  examination  of  faid  Tom, 
and  feveral  other  perfons  on  the  fubjed  ;  although  no  direft 
evidence  appears  to  the  ad\,  yet  from  various  circumrtances, 
we  are  induced  to  believe  the  fufpicion  of  the  faid  Tom  to 
be  juftly  founded  :  This  is  therefore,  in  the  name  of  the 
people  of  the  (late  of  New-York,  to  command  you  the  faid 
conftables,  or  either  of  you,  to  convey  the  faid  negro  Tom., 
to  the  common  gaol  of  the  county  of  Albany,  and  you  the 
faid  keeper  thereof,  are  hereby  commanded  to  receive  the 
faid  Tom,  and  him  in  fafe  cuilody  to  keep,  until  he  (hall  be 
from  thence  delivered  by  due  courfe  of  law.  Given  under 
our  hands  and  feals,  at  Schenedady,  the         day  of 

Jullices  of  the  peace  of  faid  county. 
And  this  is  the  caufe  of  the  caption  and  detention  of  the 
faid  Nfgro  man Jlave  Tom,  whofe  body  I  have  as  by  the  faid 
wn't  is  commanded  me.    Given  under  my  hand,  at  ihe  city 
of  Albany,  the  Iwenty-Jlfth  iizy  of  January,  in  the  year 

/.  G.  (lieiiff. 

Note  ;  The  writ  muft  be  fewed  or  well  fealed  to  the  top 
of  this  fchedule  ;  and  on  the  back  of  the  writ  it  muft  be  en- 
dorfed — "  The  execution  of  this  writ  appeal  s  by  the  fche- 
dule thereunto  annexed.  fherilT." 
Then  the  return  will  anfwer  for  all  kinds  of  Habeas  Corpus. 

Petition 


jiJJittonai  Formt. 


Pethion  /or  (he  Maintenance  of  Parenti, 

To  the  Juftices  of  the  Court  of  General  Sertions  of  the  Peace 
ill  ar.d  for  the  County  oi  Albany, 

The  refpeiSfui  Petition  of  A.  B.  of 

Humblj  SbetMelh, 

TM^  AT  M.  B.  of  having  by  age  and  infirmity  become 
poor,  impotent  and  unable  to  fuppott  and  provide  foi 
himfelf,  and  having  no  eftate  whereby  he  may  be  fupported 
'and  maintained,  has  for  the  fpace  of  now  hft  pail,  been 
wholly  fupported  and  maintained  by  your  honors'  petitioner* 
one  of  the  children  of  the  faid  M.  B.  and  there  are  now  fev- 
eral  other  children  of  the  faid  M.  viz.  C.  B.  E.  B.  and  G,  B, 
who  with  your  petitioner  are  all  the  children  of  the  faid  Mi 
and  oiighc  bv  law  to  contribute  for  and  towards  the  mainte* 
naiK'e  of  him  their  faid  father,  which  they  negleit  and  refufc 
to  do,  al'.ho  they  are  able  and  of  fufficient  ability  to  do  th« 
fame — Wherefore,  your  petitioner  humbly  ptays  your  honoiSf 
to  order  and  decree,  that  each  of  the  faid  children  of  the  faid 
M,  fhall  pay  his  or  her  proportion  of  tlie  charge  already  arifi. 
rn,  and  aifo  for  the  furture  fupport  of  the  faid  M.  their  faid 
father,  ill  fuch  proportion  as  your  honors  fliall  think  reafona-. 
able  and  juft,  according  to  the  ftatute  in  that  cafe  made  and 
provided,  and  the  cofts  of  this  proct^fs.  And  your  petitioner^ 
&c.    Then  add  a  noti&cation  to  the  others  the  petitionees. 


Confent  Rule  in  EjeSment. 

SUPREME  COURT,  of  the  term  of  April,;n  the  year 
of  our  Lord  one  tlioufand  eight  hundred. 

IT  is  ordered,  by  the  confewt  of  the  attornlcs  of  both  part 
ties,  that  be  made  defendant  in  the  ftcad  of  the' 

now  defendant 

iind  do  forthwith  appear  at  the  fuit  of  the  plaintiff  and  file 
fiommon  bail,  and  receive  a  declaration  in  an  aft!«n  of  ticf- 
pafs  and  C'cftment  for  the  premifes  in  queftion,  and  forth- 
with plead  thereto  not  giiilty  ;  and  upon  the  trial  of  the 
jfTue  confefs  lesfe,  entry  and  oufter,  and  infjft  upon  the  title 
only  :  olherwift  kt  judgment  be  entered  for  the  phinliflF, 
ap-ati.ft  the  now  defendant  by  default  j  and  if  iipoa 

^  the  I 


^Jd'ttional  Forms, 


trial  of  the  iflue  tl  c  faid  fliall  ' 

ry  and  oufter,  whrieby  the  plaintiff 
...:tberio  profecute  his  bill  againft  the  fait, 
cofts  lhall  be  allowed  for  not  profccuting  the 
f.  d  (hall  pay  coi^s  to  the  plaintiff  in  tl 

I :.xtd  :  and  it  is  further  ordered,  that  if  iipon  » 
the  faid  iffue,  a  verdift  fhall  be  given  for  tlie  faid 
it  fhali  happen  that  the  plaintiff  (liall  rot  further  pi 
his  faid  bill,  for  any  other  caufe  than  for  not  con., 
leafe,  entry  and  oufttr,  then  the  Itffor  of  the  plantiff  fli. 
pay  to'the  faid  cofts  in  that  behalf  to  be  aiijudgcd. 

By  the  court. 


Rule  on  the  Sheriff, 

Supreme  Court. 

John  Dae,  vs.  Richard  Roc. 

Sir,  Take  notice,  that  a  rule  has  this  day  been  entered  i-i 
the  book  of  common  rules,  provided  for  that  purpofe,  that 
you  bring  in  the  body  of  the  defendant,  within  twenty  days 
after  fervice  of  notice  of  faid  rule,  or  that  an  attachment  iffue 
againft  you.  From  your  humble  fervant. 

R,  $,  attorney  for  plalntiiT. 

Dated  1 5th  Feb.  1 800. 

Efq.  nieiiffof 

The  nature  of  the  above  rule  is,  that  if  the  (heriff  iloes  not 
bring  in  the  body  of  the  defendant,  an  attachment  will  iffue 
againft  him,  ditefted  to  the  coroner  of  the  county,  whofe  duty 
it  is  to  bring  the  (heriff  before  the  court  to  anfwer  for  the 
contempt — If  he  does  not  anfwer  to  the  fatisfaflion  of  the 
court,  they  may  order  his  bonds  into  the  court,  and  diredl 
the  amount  of  the  debt  to  be  made  of  them,  or  they  may  order 
the  fheriff,  then  in  cuftody,  to  gaol,  till  he  pays  the  money. 

Notice  of  Bail* 

Mayor's  Court. 

J.  B.  admf.  C.  D. 

Sir,  Pleafe  to  take  notice,  that  'John  Doe,  of  the  fiift  ward 
of  the  city  of       gentleman,  and  Richard  Ree,  of  the  fame 
V  2  place, 


Additional  Forms, 


ve  become  fpecialbail  for  the  defendant  in 
and  tiie  ball-f  iece  is  filed  in  the  clerk's  office, 
ch,  i8oo. 

From  your  bumble  fervant, 

£.  F.  attorney  for  defendant, 
efquire,  attorney  for  plaintifF. 


y1  further  Mortgage  by  Indorfement, 

WHEREAS  the  within  named  P.  P.  hath  advanced 
and  lent  unto  the  within  named  IV.  IV.  the  further 
fum  of  dollars,  the  receipt  whereof  the  faid  W.  fV.  doth 
hereby  acknowledge,  and  thereupon  the  faid  IV.  ly.  hath 
entered  into  one  bond  or  writing  obligatory  under  his  hand 
and  feal,  bearing  even  date  with  thefe  prefents,  to  the  faid 
P.  P.  in  the  penal  fum  of  dollars  of  lawful  money  of 
the  llate  of  Nfv/-York,  with  condition  thereunto  written, 
for  making  the  fame  void  upon  payment  unto  the  faid  P.  P. 
oii  executors,  adminiftiators  orafiigns,  of  the  fum  of 
dollars  of  like  lawful  money,  with  intereft  for  the  fame, 
after  the  rate  of  on  the  day  of  as  in  and  by  the 
faid  writing  or  bond  or  writing  obligatory  and  the  condi- 
tion thereof,  relation  being  thereunto  had  may  more  fully 
appear  ;  Now  know  ye,  that  as  well  for  the  better  fecuring 
and  more  fure  payment  unto  the  faid  P.  P.  his  executors, 
adminiftrators  and  afligns,  of  the  faid  further  fum  of 
dollars  and  intcreft,  on  the  faid  day  of  next  enfuing, 
according  to  the  true  intent  and  meaning  of  the  faid  recited 
bond  or  obligation,  he  the  faid  IV.  IV  doth  hereby  for  him- 
felf,  his  heirs,  executors  and  adminiHrators,  covenant| 
promife  and  agree  to  and  with  the  faid  P.  P.  his  executors, 
adminidrators  and  afligus,  that  the  mcfFuages,  &c.  and  all 
and  Angular  other  the  premifes  with  the  appurtenances  by 
ihe  within  written  indenture  of  demife  or  mortgage  men- 
tioned to  be  granted,  bargained,  fold  and  dcmifed,  and  every 
part  and  parcel  thereof  (hall  Hand  chargeable,  remain,  con- 
tinuc  and  be  a  fecurity  unto  him  the  faid  P.  P.  his  execu- 
rors,  adminiftrators  and  afligns,  as  well  for  the  payment  of 
the  fum  of  dollars  within  mentioned  and  the  interefl 
:hsreof|  as  aUo  for  the  payment  of  the  faid  further  fum  oi 

doUart 


AJJltional  Forms. 


247 


dollars  now  lent  and  advanced  as  aforefald  and  the  i'd« 
tereil  thereof.  And  that  the  faid  premifes  or  any  part 
thereof  (hall  not  be  redeemed  or  redeemable  either  in  law 
or  in  equity,  until  not  only  the  faid  i'um  of  dollara  be- 
fore lent  and  the  iiitereft  thereof,  but  alio  the  faid  fum  of 

dollara  now  lent  and  the  intereft  thereof  lhall  be  paid 
and  fatisRed  unto  the  faid  P.  P.  his  executors,  ad  mini  lira- 
tors  and  afligns,  aceording  to  the  true  intent  and  meaning  of 
thefe  prefents.    In  witnefs  whereof,  &c. 


InJlriiS'tons  for  the  Etc^culion  of  a  Commijfton  for  the  Exami- 
nation of  IVitneJfes. 

T'HE  commiflloners  for  both  parties  are  to  meet  at  the 
times  and  places  for  that  purpofe  to  be  appointed  by 
the  plaintiff's  commiflloners,  of  which  due  notice  is  to  be 
given  to  the  defendant's  commifSoners,  and  the  cieiks  ap- 
pointed by  them  are  to  attend  at  the  fame  time. 

The  commifGoners  begin  by  aJminiftering  to  each  other 
the  oath  annexed  to  the  commiflion  and  appointed  to  be  ta- 
ken by  them,  and  they  are  then  to  adminifter  to  the  clerk$ 
their  oath  alfo  annexed. 

The  commiflloners  are  next  to  require  the  folicitors  or 
agents  for  the  panies  to  produce  fuch  interrogatories  as 
they  propofe  to  have  adminiftcred — which  being  done,  all 
the  comniifiioners  next  fign  their  names  at  the  bottom  of 
each  fet  of  interrogatories,  and  after  this,  neither  party  can, 
daring  the  execution  of  the  comraiflion,  adduce  any  inter- 
rogatoiies  for  any  purpofe  whatever,  fo  that  if  either  party, 
on  the  opening  the  commiffion,  fhould  refufe  to  produce  in- 
terrogatories, fuch  party  cannot  upon  this  commiflion  ex- 
amine or  crofs-examine  any  witnefies. 

The  commifSoners  then  proceed  to  make  and  fettle  the 
preamble  or  title  of  the  depofitions,  at  the  top  of  a  fheet  of 
paper,  which  is  done  in  the  following  form,  viz. 

DEPOSITIONS  of  IVitntJes,  produced,  fworn  and  ex- 
amined on  the  firft  day  of  May,  in  the  year  of  our  Lord 
one  thoufand  eight  hundred,  at  the  dwelling  houfe  of  /.  K. 
fitoate  in  the  fourth  ward  of  the  city  of  Schenedady,  by 

virtue 


yfJJitional  Fortnt. 


▼irtue  of  a  comminion  iffuing  out  of  the  lionorable  court  of 
chancery  of  the  ftate  of  Nt  w- York,  to  us  [_namlng  all  the 
comm\[fiiiners~\  deputed  for  the  examination  of  witneffes  in  a 
caufc  there  depending,  whirein  A.  B.  is  complainant,  and 
C.  D.  defendant,  on  the  part  and  behalf  of  lUe  complain- 
ant, we  the  faid  commiflluncra,  and  alfo  the  clei  ks  by  u8 
employed  for  taking  and  engrofling  the  faid  depofiiions, 
Laving  fiift  taken  the  oaths  annexed  lo  the  faid  comraiflioQ 
as  thereby  required. 

The  commifiioners  then  caufe  all  perfons  but  the  clerks 
to  leave  the  room. 

The  folicitots  being  informed  that  the  commiflioner*  are 
ready  to  proceed,  fend  a  witnefs  in  the  caufe,  and  with  him 
a  note  intimating  to  what  interrogatories  or  parts  of  inter- 
rogatories he  is  to  be  examined. 

The  witnefs  having  come  in,  one  of  the  commifiioners 
taking  the  interrogatories, and  reading  the  title  to  the  fame, 
adminifters  the  following  oath  to  the  witnefs — "  You  fhall 
*•  true  anfwers  make  to  fuch  queftions  as  fliall  beaflced  you 
"  upon  thcfi  irsterrogatories,  without  favor  or  affcftion  to 

either  party,  and  therein  you  fhall  (peak  the  truth,  the 

whole  truth,  and  nothing  but  the  truth.  So  help  you 
•T'od." 

^Tlie  oalh  being  adminlftered,  the  witnefs'  name  and 
place  of  abode,  addition  and  age  are  to  be  written  immedi- 
ately under  the  title  or  preamble  of  the  depoAtions,  and  the 
commifiioners  mud  then  proc<.ed  to  examine  hira  to  the  in- 
terrogatories only  which  are  required  by  the  folicitor  wha 
fent  him  in,  and  take  his  anfwers  to  each  of  thefe  interro- 
gatories in  the  manner  following — 

A.  B.  of  L,  in  the  cou'ity  of  M.  in  the  ftate  of  Nevr- 
Yoik,  aged  twenty  five  years  and  upwards,  being  produc- 
ed, fworn  and  examined  on  the  part  and  behalf  of  the  com- 
plainant, depofcth  as  follows— 

To  the  firft  iiitenog.itory,  this  deponent  faith,  that  he 
hath  known  the  complainant  in  the  title  of  thefe  interroga- 
tories named,  for  ten  years  now  lad  patl  and  upwards;  or 
this  deponent  doth  not  know  the  defendant  (as  the  cafe 
maybe.) 

To 


Additional  Formt. 


249 


To  the  fecond  interragotory,  ihU  dfponeot  faith,  &'c. 
(and  in  the  fame  manner  through  alt  the  inttrrogalortes ,  or  to 
Juch  of  them  as  it  may  he  required  to  examine  him.  J 

The  witnefs  having  read  the  dep  'fiti  .n  over  and  approv- 
ed thereof,  or  having  on  rurlher  reflection  dc Qred  the  cora- 
milTioners  to  make  fuch  aherations  asthetruih  may  require, 
he  figns  his  name  to  each  depofition  on  paper ,  and  hav- 
ing thus  firii(hed  his  examination  withdraws.  The  coni« 
miflioners  then  fign  their  names  on  the  margin  of  every 
(heet,  and  deliver  the  fara«  to  the  clerks  to  tranlcribe  on 
parchrr,ent. 

The  next  witnefs  is  then  fcnt  to  the  commilHoners,  with 
whom  they  proceed  throughout  in  the  fame  manner. 

In  order  to  prove  letters,  bills  and  other  papers,  fuch  ex- 
hibits muft  have  the  following  indorfements  on  them,  fign- 
ed  by  all  the  commiffioners  prefent,  viz. 

Between  A.  B.  (and  othsrs)  plaintiff's,  and  C  D.  defen- 
dant, on  the  tenth  day  of  June,  is  the  year  of  our  Lord 
one  thoufand  eigbt  hundred,  at  the  execution  of  a  commif- 
£tn  for  the  examinatioD  of  witneffcs,  in  this  caufe,  this  pa- 
per writing  was  produced  and  ftiewn  to  and  by  hina 
depofed  unto  at  the  time  of  his  examination  to  the  (4th) 
interrogatory  on  the  com]  lainant's  pait,  and  was  alfo  pro- 
dticed  and  fhewn  to  and  by  liim  depofed  unto  at  the 
time  of  his  examination  to  the  faid  interrogatory  on  the 
CCirplainEnl's  part.  [^Here  the  commiffionersjign  th  ir  namts.'\ 

When  all  the  witnefles  are  examined,  the  depofitions  are 
to  be  ciigrofTed  or  tranfcribed  on  parchment,  in  the  fame 
manner  as  the  interrogatories,  and  examined  carefully  with 
the  paper  draft,  afte:'  which  the  commifli)ners  fign  each 
fl<in  of  paichinent  of  the  examination  and  alfo  the  interroga- 
tories, and  then  bind  thtra  together  with  the  commi^ion 
(vfua'.ly  eaUed  making  up  the  commiffion)  with  feme  tape  or 
other  ftring,  fetting  their  names  and  fcals  upon  the  ou  fide. 
But  before  the  commlflion  is  ftaled  upon,  they  are  to  fign 
their  names  upon  the  back  of  the  commiffion,  towards  the 
middle  thereof,  under  thefe  words,  viz. 

1  he  execution  of  this  commiffion  appears  by  the  fche- 
dule  hereto  annexed." 

The  commiffion  fo  made  up,  is  takea  to  be  delivered  by 

one 


2S<3 


^Jdittonal  Porms. 


one  of  tlie  comminioncrs  to  the  pei  fon  who  brings  the  faftifi 
to  New- York  (or  Albany)  who  on  his  arrival  there  mud 
take  an  oath  "  That  he  receivfd  the  fame  of  /I.E.  one  of 
the  commifTionets,  and  that  the  fame  has  not  been  out  of  his 
cuftody,  opened  or  altered  fince  he  received  it." 


Military  Invalids, 

The  foUonu'im  Dire  Rlons  to  In'ualid  Penfior.ers  <were  iffiied front 
the  War  Off.ce  ;«  I79J,  and  Jhould  ha've  been  hiferted between 
tie  pages  134  and  135-] 

PENSIONS  paj  able  every  fix  months  by  loan  officers  in 
the  fefpe<f^ive  ftaies.  Firft  payment  to  be  4(h  Septeraber» 
1 791.  Every  application  to  be  accompanied  with  the  follow- 
ing  vouchers 

I  ft.  The  certificate  given  by  the  ftate,  fpecifying  that  the 
perfon  pofTefliing  the  fame  is  in  faftan  invalid,  and  afcertaining 
the  fum  to  which  as  fuch  he  is  annually  entitled. 

2d.  An  affidavit  agreeable  to  the  following  form  :  A,  3, 
came  before  me,  one  of  the  juftices  of  the  county  of  in 
the  ftate  of  and  made  oath,  that  he  is  the  fame  A.  B.  to 

whom  the  original  certificate,  in  his  pofleffion,  was  given,  of 
which  the  following  is  a  copy  (the  certificate  gl'ven  by  the 
Jiate  to  be  recited)  that  he  ferveJ  ( regiment,  corps  or  uejfel) 
at  the  time  he  wasdifabled,  and  that  he  now  rcfules  in  the 
and  county  of  and  has  refideJ  there  for  the  lalt  years, 
previous  to  which  he  rcfided  in 

In  cafe  the  invalid  (h:  uid  apply  fir  payment  by  attorney* 
the  faid  attorney,  befides  the  certificate  and  oath  before  re- 
cited, muft  produce  a  fpecial  letter  of  attorney,  agreeable  to 
the  following  form  :  \  A.  B  of  county  of  and 

ftate  of  do  hereby  conftitute  and  appoint  C  Z).  of 

my  lawful  attorney,  to  receive  in  my  behalf  of  '  my  pen- 
fion  for  fix  months,  as  an  invalid  penfioner  of  the  United  States, 
from  the  4th  day  of  March  and  ending  the  4th  day  of 

September  of  the  fame  year. 

Signed  andjealedi  it  frefence  of 

Acknowledged  before 

Beach- 


Betich-  Warranli. 


251 


B  E  N  C  H-W  A  R  R  A  N  T  S. 


Binch  Warrar.t  In  Oyer  and  Terminer  'when  the  Defendant  is 
bailable  of  tourfe  by  an  ordinary  Magiflrate. 

-  T^HE  court  ot  oyer  and  terminer  and 
Alha:,jl  Countj,Jf.   |    g^^,  j^Uy^y^      the  faid  county, 

To  the  fbetiff  and  conftables  of  Albany  county,  and  every  of 
them,  greeting  :  We  command  you  to  lake  A.  B.  who  llands 
indided  for  an  affault  and  battery  on  one  C.  D.  and  him 
forthwith  to  biing  brfore  us,  or  one  of  us,  or  before  forae  juf- 
ticc  of  the  peace  of  faid  county,  to  be  dealt  with  according  to 
law.    Given  at  Albany,  the       day  of       1 8jo. 

L.  S. 

Note—  To  be  executed  by  the  judge  of  the  circuit  1>.  S. 

end  ttuo  6thers,  common  plea  judges  or  af/ifiants.  L.  S. 

^effions  ^ench  Wcrranit  inhere  the  Defendant  is  to  be  bailed 
of  courfe. 

Siafe  of  New-Tori, 1  A.  B.  C.  D.  E.  efquires,  juf- 
Alhan-i  county,  ff.  \  ticeS;  the  peace  of  the  people  of  the 
State  of  New-York,  in  and  for  the  county  of  Albany  to 
keep,  and  alfo  divers  felonies,  trefpafles  snd  other  mifdeeds, 
in  the  faid  county  comni'ted  to  hear  and  det>:rmine,  afligned 
—To  the  fneiiff  and  conftables  of  the  faid  county  of  Alba- 
ny and  to  every  of  tbsm,  greeting  :  We  command  you  to  take 
T".  5^.  who  is  indicted  at  the  court  of  general  fcffions  of  the 
peace,  held  btfore  us  at  the  city  of  Albany,  in  and  for  the 
county  aforefaid,  for  an  affault  and  battery  on  one  X.  Y. 
and  bring  him  before  us,  or  one  of  ui,  or  fome  o'.her  juf- 
tice  of  the  peace,  in  and  for  the  faid  county  to  find  fuffi- 
cient  fureties  for  his  perfonal  appearance  at  the  next  gener- 
al fefQons  of  the  peace  to  be  held  for  the  faid  county  to  an- 
fwer  the  premifes  aforefaid,  and  further  to  be  dealt  with  ac- 
pording  to  jufticc.    Hereof  you  are  not  to  fail  at  your  peril. 

Given  at  the  city  of  Albany,  the  (any  day  of  the  tevna 
or  fefiioDsl  day  of       in  tbe  year  one  tboufaiid,  &c. 

L.  S, 
L  s. 
L  S. 
Bench' 


2St 


Indi8ments. 


Bench  Warrant  ufed  in  the  Oyer  and  Term'mer,  in  Cafes  of 

Felony,  or  tuhere  the  Defendant  it  not  to  be  bailed  of  eourfe. 

jilbanyl  ^  '  I  ''HE  court  of  oyer  and  terminer  and 
Couniy  ^  '  JL  gacl  d.  livery,  in  the  faid  county,  To 
the  ihciifF  and  conrtabl-  s  of  Albany  '.ounty,  and  to  every 
of  them,  greeting  :  WE  command  you  to  take  A.  B. 
C.  D.  and  E  F.  uh.a  (land  indidlcd  for  felony  and  grand 
larceny  and  them  forthwith  to  commit  to  the  common 
gaol  of  faid  county,  and  there  faftly  to  keep  them  until  de- 
livered by  due  eourfe  of  law.  Given  at  Albany,  the  [_any 
day  of  term  or  ftjfioni  day  of  May,  MDCCC. 

N.  B.  To  be  Jigned  by  the  judge  of  the  S. 
cireu't,  and  two  others,  of  the  common  plea  j^l  5I 

judges  or  ajfiflants. 

Note.  Same  form  in  the  SefHons,  fl'iking  out  the  words  Oyer>  ^^c. 

and  inferiing  General  SefBwns  oi  the  Ptace. 


Of  INDICTMENTS. 


AN  indiflment  is  an  accufation  at  the  fuit  of  the  people 
by  the  oaths  of  twelve  men  of  the  fame  county  wherein 
the  offence  was  committed,  returned  to  enquire  of  all  offences 
in  general  in  the  coanty,  determinable  by  the  court  into 
which  they  are  returned,  and  finding  a  bill  brought  before 
them  to  be  true.    %  Hawk.  199. 

But  when  fuch  accufation  is  found  by  the  giand  jury,  with, 
out  f.uy  bill*  brought  before  them,  and  afterwards  reduced  tQ 
a  formed  indiftmenl,  it  is  called  a  prefentment.  ib. 

A  prefentment  is  a  more  compiehsniive  term  than  indi6f. 
ment  ;  for  legularly  an  indiftment  is  an  accufation  given  in 
againft  a  peiion  by  the  grand  inqueit  for  fome  mifdcmeanor, 
whereunto  he  is  put  to  anfwer  ;  but  prel'entments  not  only 
include  fuch  indiitmtnts,  but  alio  fome  other  informations 
whereunto  the  pnrty  is  not  put  to  anfwer  ;  as  prefentmentg 
of  felo  de  fe,  of  fus"'"  fecit,  of  deaths  per  infortunium,  and 
many  others. 

Indiflments,  grounded  upon  an  offence  made  by  aft  of  , 
congrefs,  or  of  the  ftate  legiflature,  mufl  by  exprefs  words, 
bring  the  offence  within  the  lubltantial  defcription  made  ii>  , 
the  aft,  and  thofe  circumftances  mentioned  in  the  ftatute  to 
make  up  the  offence  Ihal!  not  be  I'uppUed  by  the  general  con» 
clufion  againft  the  form  of  the  Ilatute. 

*  So  called  before  Sadinf.  but  afterwards  termed  an  indiftmcnc. 


IndiSmettlt. 


/nJiametit  for  Jfauhing  and  Shooting  at  1.  C.  a  Conjlabk,  in 
the  Execution  oj  his  Office, 

Jilt.  fr  "TPHE  jurors  for  the  people  of  the  ftate  of 
JllbanytJ.  J_  New- York,  and  for  the  body  of  the  city  and 
county  of  Albany,  upon  their  oath  prefent,  that  /I.B.  late  of 
the  town  of  Bern,  in  the  county  aforefaid,  yeoman,  and 
C.  D.  of  the  fame  place  laborer,  on  the  day  of  in  the 
year  of  our  Lord  at  the  town  aforefaid,  in  the  county 
aforefaid,  with  force  and  arms,  &c.  in  and  upon  /.  C.  thea 
being  one  of  the  conftables  of  the  faid  town  of  Bern,  in  the 
peace  of  God,  and  of  the  peoj  le  of  the  faid  (late,  and  in  tlie 
due  execution  of  his  faid  ofjce  of  conftable,  then  and  there 
being,  did  make  an  afTault  ;  and  the  faid  CD.  a  certain  gua 
of  the  value  of  two  dollars,  then  and  there  charged  with  gun- 
powder and  leaden  (hot,  which  gun  the  faid  C.  D.  in  both 
his  hands,  then  and  there,  had  and  held,  to,  againfl  and  up- 
on the  faid  /.  C.  then  and  there  wilfully,  and  of  his  malice 
aforethought,  did  fhoot  and  difcharge,  with  intent  him  the 
faid  /.  C.  then  and  there  felonioufly,  wilfully  and  of  their 
malice  aforethought,  of  them  the  faid  j1.  B.  and  C.  D.  to 
Jiill  and  murder,  againft  the  peace  of  the  peojje  of  the  liate 
pf  New-York  and  their  dignity. 


fndidment  ngainjl  a  Conjlabie  for  extorting  Money  from  a  Per- 
fan,  apprehended  by  him  an  a  Bench  I4^arrant,  to  let  her  g» 
•without  carrying  her  before  any  JuJIice  of  the  Peace. 

Dela'ware,  jr.  TPHE  jurors  for  the  people  of  the  ftate  of 
JL  ISicw- York,  and  for  the  body  of  tlie  coun- 
ty of  Delaware,  upon  their  oath  prefent,  that  A.  F.  late  nf  the 
town  of  Delhi,  in  the  faid  county,  yeoman,  on  the  fourth  day 
of  June,  in  the  year  of  our  Lord  one  thoufand  thea 
being  one  of  the  conftables  of  the  fame  town,  at  the  towa 
aforefaid  and  in  the  county  aforefaid,  did  take  and  arrtft  one 
N,  L.  fpinfter,  by  colour  of  a  certain  warrant,  commonly 
called  a  bench  warrant,  which  he  the  faid  /4.  F.  'hen  a<.\d 
there  had,  to  apprehend  the  faid  N.  L.  to  anfwer  to  a  certain 
trefpafs  and  alTiult,  whereof  the  faid  N.  then  flood  u.didted, 
as  the  faid  .4.  F,  then  and  there  alledged  and  pretended,  and 
the  faid  J.  F.  her  the  faid  A',  then  and  there  had  in  cuftody  ; 
?nd  that  the  faid  .■i.  F.  afterwards,  to  wit,  i  th^fame  day 
and  year  aforefaid,  at  the  town  aforefaid,  in  the  county  afore- 
W  faid 


faldi  unlawfully,  corruptly,  deceitfully  anJ  extorfively,  for 

wicked  gain  fake,  and  contrary  to  the  duty  of  his  office,  did 
extort,  receive  and  take  of  and  from  the  faiJ  N.  the  fum  of 
one  dollar  of  lawful  money  of  theftateof  New-York,  for 
difcharging  the  faid  N.  out  of  the  cuftody  of  him  the  faid 
A.  F.  without  conveying  her  before  any  juftice  of  the  peace 
for  the  faid  county,  to  anfwrr  to  the  faid  trefpafs  and  afTAulti 
whereof  Ihe  was  fuppofed  to  (land  indided  as  aforefaid,  to  the 
evil  example  of  M  others  in  the  like  cafes  offending,  and 
againft  the  peace  of  the  people  of  the  ftate  of  New- Yoik  an4 
^cir  dignity. 


Indt3ment  for  Petit  Larceny,  tuithout  Caption, 

r>     .    n-  ''"l'~'HE  Jurors  for  the  people  of  the 
Many  County,  ff.    |  New- York,  and  for  the 

body  of  the  county  of  Albany,  viz.  {_Here  iifnt  the  names' 
cf  the  g'-and  jury]  being  fworn  and  charged,  upon  their, 
oathprefent,  that  A.  B.  late  of  the  city  of  Albany,  labor- 
er, on  the  firll  day  of  April,  in  the  year  of  our  Lord  one 
thoufand  eight  hundred,  with  force  and  arms,  at  the  town 
of  Bethlehem,  in  the  county  aforefaid,  ten  yards  of  calicO| 
fpolted  blue  and  white,  of  the  value  of  fifty  cents  per  yardi 
of  the  goods  of  one  C.  D.  then  and  there  being  found,  fe« 
lonloufly  did  fteal,  take  and  carry  away,  againft  the  peace 
of  the  people  of  tiie  ftate  of  New- York  and  liieit  dignity, 

J/tJi8tnent  for  Affault  and  Battery,  at  the  Sejfwns. 

ctate  of  Neiu-Tork,  1  /r  A  ^  court  of  general  fefliooi 
Adja^iy  County,  j-"' of  the  peace,  holden  at  Al- 
bany, in  ?nd  for  the  county  of  Albany,  on  the  firft  day  of 
July,  ia  the  year  cf  our  Lord  one  thoufand  eight  hun. 
dred  before  A.  B.  C.  D.  and  E,  F.  tfquires,  and 

others  their  afibciates,  juftices  afligned  to  keep  the  peace, 
and  alfo^o  hear  and  determine  divers  felonies,  trefpades  and 
other  mifdemeanors,  in  the  faid  county  cotnmltted,  (here 
tpfert  tht  grand  juriet  names,)  good  and  lawful  men  of  the 
county  alurtfaid,  fworn  and  charged  to  enquire^  tor  the 
people  of  the  faid  ftate,  and  the  body  of  the  county  afore- 
faid, do,fpon  their  oalb,  prefent,  that  7*.  S.  late  of  the  city 

of 


tnSdmenlt,  i^S 

bf  Albany,  in  faid  county,  yeoman,  on  the  day  of 
fn  the  year  of  our  Loid  one  thoufand  eight  hundred,  at 
the  city  cf  Albany,  in  the  county  aforefaid,  with  force  ard 
arms,  in  and  upon  one  X.  T.  of  the  faid  city  of  Albany,  m 
faid  county,  in  the  peace  of  the  people  of  the  faid  ftate; 
then  and  tliere  being,  did  make  an  affault,  and  him  the  fa:d 
X.  T.  did  then  and  there  beat,  fti  ike,  wound  and  evil  treat, 
and  other  wrongi  to  the  faid  X.  T.  then  and  there  did,  to 
the  damage  of  the  faid  X.  T.  and  againil  the  peace  of 
the  people  of  the  ftatc  of  New-York  and  their  dignity. 


Indidment  for  Grand  Larceny,  at  the  Seffions,  ivilb  a  Carlton, 

At  a  court  of  general  fefiions  of  the  peace,  holden  at  Albany, 
'   in  and  for  the  county  of  Albany,  the      day  of      in  the 
year  cf  our  Lord  before  ^.  B.  C.  D.  and  E.  F. 

efquircs,  and  others,  their  affociates,  jufticesto  keep  the 
oeace  in  faid  county,  and  alfo  to  hear  and  deteimine  di- 
vers felonies,  trefpaTes  and  other  mifdemenors,  in  the  faid 
county  perpetrated,  affigned — 

^llcr.y  county,  Jf. — THE  Jurors  for  the  people  of  ths 
ftate  of  New- York,  and  for  tlie  body  of  the  county  ot' 
A  bany ,  to  wit,  (grand  jurors  namts,)  being  fv.  orn  and  charg- 
ed, upon  their  oath  prcfent,  that  y?.  B.  late  of  the  town  of 
Bethlehem,  yeoman,  on  the  day  of  in  the  year  of 
cur  Lord  one  thoufand  eight  hundred  with  force  and 
arms,  at  the  town  of  B;Lhleheni,  in  the  county  of  Albany, 
one  b^y  gelding  of  the  price*  of  fifty  dollars  of  the  goods 
au<l  chattels  of  one  C  D.  then  and  there  being  found,  felo- 
iiionfly  did,  (leal,  take  and  lcnd,\  away,  againft  the  peace 
of  the  people  of  the  ftate  of  New- York,  and  their  dignity. 

*  If  the  thing  ftolcn  is  any  kind  of  animal  the  v/ord  price 
is  lifed,  if  inanimate  goods  the  word  value. 

+  The  word  lead  h  ufed  if  a  horfe,  if  a  coia,Jheep,  hog,  &c. 
drive,  if  inanimate  goods  carry. 


Indidment  for  pealing  a  Promiffory  Note. 

X.   New- York,  and  tor  the  body  ol  tije  county 


of 


2j6 


JndiSmenfs, 


of  Columbia,  upon  their  oath  prefenti  that  C.  D.  late  of  the 
city  of  Hudjon,  in  the  faid  county,  yeoman,  on  the  fecond  day 
of  SepteiTiber,  in  the  year  of  our  Lord  one  thoufand 
at  the  city  aiorefaid,  in  the  county  aforefaid,  fclonionfly  did 
Heal,  take  and  carry  away,  one  promiffory  note,  figned  under 
the  hand  of  G.  C.  bearing  date  the  fixteenth  day  of  Novem- 
ber, in  the  year  of  out  Lord  one  thoufand  of  the  value 
of  two  hundred  dollars  of  lawful  money  of  the  ftate  of  New- 
York,  by  which  faid  note  the  faid  G.  C.  did  promife  to  pay 
to  W,  C.  or  order,  two  hundred  dollars,  three  months  after 
date ;  the  faid  note,  at  the  time  of  committing  the  felony 
aforefaid,  being  the  properly  of  one  A,  B.  and  the  faid  fum  of 
two  hundred  dollars  payable  and  fecured  by  the  faid  promif- 
fory note  being  then  due  and  unfatisfied,  to  the  faid  A.  B, 
the  proprietor  thereof,  againft  the  form  of  the  ftatute  in  fuch 
cafe  made  and  provided,  and  againff  the  peace  of  the  people 
of  the  ftate  of  New- York  and  their  dignity. 


JndiSment  for  forgh,g  or  utiering  a  j'alfe  Receipt  for  Money. 

„  _  'nr'HE  Jurors  for  the  people  of  the 

Many  County,  Jf.    J_    ^^^^     New- York,  and  for  the  bo- 

dy  of  the  county  of  Albany,  upon  their  oath  prefent,  That 
yl.  B.  laie  of  the  city  of  Albany,  yeoman,  on  the  firft  day 
of  Augufl,  in  the  year  of  our  Lord  one  thoufand  eight 
hundred,  with  force  and  arms,  at  the  city  of  Albany,  in  the 
tounty  of  Albany,*  fclonioufly  and  falfely  did  make,  forge  and 
counterfeit,  and  caufe  and  procure  to  be  falfely  made,  lorg- 
ed  and  counterfeited,  and  did  wilfully  aft  and  affitl  in  the 
falfe  making,  forging  and  counterfeiting  a  certain  receipt 
for  money,  purporting  to  be  a  receipt  given  to  the  faid  A.B» 
by  one  C.  D.  for  the  fum  of  ten  dollars,  and  in  full  of  all 
demands  againft  the  faid  A.  B.  Which  faid  falfe,  forged 
and  counterfeited  receipt  for  money,  fo  faifely  made,  forged 
and  counterfeited  as  aforefaid,  is  in  the  words,  letters,  fi- 
gures and  cyphers  following,  to  wit :  \^Here  tnfert  the  receipt 
verbatim  el  literalim']  with  intent  to  defraud  the  faid  C.  D. 
againft  the  form  of  the  ftatute  in  fuch  cafe  made  and  pro- 
vided,  and  againft  the  peace  of  the  people  of  the  ftate  of. 
New-York  and  their  dignity.    And  the  Jurors  aforefaid, 

upon 


IttdiSminit. 


257 


upon  their  oath  aforefaid,  do  further  prefent,  that  the  faid 
/I.  B.  afiewards,  to  wit,  on  the  faid  firft  day  of  Auguft,  in 
tl;e  year  of  our  Lord  one  thoufand  eight  hundred  aforefaid, 
with  force  and  arms,  at  the  fa'd  city  of  Albany,  in  the 
courity  of  Albany,  felonioufly  and  falfely  did  utter  and  pub- 
lilh  as  true,  a  certain  other  falfe,  forged  and  counterfeited 
receipt  for  money,  purporting,  &c.  [^here  hifert  as  Isfore'] 
with  intent  to  defraud  the  faid  C.  D.  (lie  the  faid  A.  B. 
at  the  faid  time  when  he  fo  uttered  and  pabliflied  the  faid 
lafl:  mentioned  receipt  for  money,  then  and  there  well  know- 
ing the  fame  to  be  f^lfe,  forged  and  counterfeited)  againll 
the  iaxTTi  of  the  ftatutc  in  fuch  cafe  made  and  provided,  and 
againft  the  peace  of  the  people  of  the  ftate  of  New- York 
and  their  dignity. 

Note.  This  form,  with  little  variation,  will  anfwer  for 
promilTvjry  notes,  b?.iik  bills  and  bills  of  exchange,  &c.  but 
it  is  ufual  in  thefe  cafes  to  add  a  number  of  counts,  all  laid 
fomewhat  differently,  and  it  is  moft  advifeabie  fo  to  do. 


Ind'iSimeni  for  Burglary, 

C'tly  andCountj  a/ "1 HE  jurors  for  the  people  of  the  ftate 
New-York,  Jf,  J  X  of  New- York,  and  for  the  body  of 
the  city  and  county  of  New- York,  upon  their  oath  prefent, 
that  John  Simpfon,la(e  of  the  out- ward  of  the  city  of  New- 
York,  in  the  county  of  New- York,  laborer,  otherwife  called 
John  Morgan,  on  the  twenty-firft  day  of  April  in  this  prefent 
year  of  our  Lord  one  thoufand  feven  hundred  and  eighty- 
r.ine,  about  twelve  of  the  clock  of  the  night  of  the  fame  day, 
with  force  and  arms,  at  the  out-ward  of  the  city  of  Nc*. 
Yoik,  in  the  county  of  New- York,  the  dwelling  houfe  of 
William  Snyder,  there  fuuated,  felonioufly  and  burgiarioufly 
did  break  and  enter,  and  one  pepper  box  made  of  filver,  of 
the  value  of  two  dollars ;  one  milk  pot  made.cf  filver,  of  ih« 
value  of  three  dollars  ;  two  fugar  tongs  mads  of  filver,  each 
of  the  value  of  one  dollar  ;  three  tabic  fpoons  made  of  filver, 
each  of  the  value  of  one  dollar  ;  one  foup  fpoon  made  of 
filver,  of  the  value  of  three  dollars  ;  eight  tea  fpoons  made 
of  filver,  each  of  the  value  of  twenty-five  cents,  and  one  flock 
buckle  of  the  value  of  tw  elve  and  an  half  cents,  of  the  goods 
at.d  chattels  ef  the  faid  William  Snyder,  ia  the  fame  dwel- 

W  2  iiilg 


25* 


Indiamentt. 


ling  houfe  then  and  there  being  found,  felonioafly  and  bur- 
glarioufly  did  fteal,  take  aad  carry  away,  againft  the  peace 
of  the  people  of  the  ftaie  of  New- York  and  ihsir  dignity. 


IttdiHment  for  a  Robbery  on  the  HighiKOy, 

City  and  County  T 'T^'HE  jurors  for  the  people  of  the  flatc 
of  Albany,  Jf.  J  X  of  New-York,  and  for  the  body  of 
the  city  and  county  of  Albany,  upon  their  oath  prefent,  that 
/.  L.  iate  of  the  city  of  Albany,  in  the  county  of  Albany,  la- 
borer, on  the  day  of  in  this  prefent  year  of  oar  Lord 
with  force  and  arms,  at  the  faid  city  of  Albany,  iu 
the  county  of  Albany,  in  a  certain  public  ftreet  or  highway 
there,  in  and  upon  one  M.  F.  in  the  peace  of  God  and  of  the 
people  of  the  ftate  of  New- York,  then  and  there  being,  felo- 
nionfly  did  make  an  aflaulr,  and  him 'the  faid  M.  in  bodily 
fear  and  danger  of  his  life,  in  the  ftreet  or  highway  aforefaid, 
then  and  there  fslonioiifly  did  put,  and  three  bills  of  credit 
of  the  people  of  the  ftate  of  New- York  emitted,  by  virtue  of 
a  law  of  the  faid  ftate,  eacii  of  the  valae  of  five  dollars ;  two 
other  like  biils  of  credit,  each  of  tlie  value  of  three  dollars; 
five  pieces  of  Spanilh  coined  filver  commonly  called  quarter 
dollars,  each  of  the  value  of  twenty-ftve  cents,  and  oi.e  pair 
knee  buckles  made  of  fiiver,  of  the  value  of  two  dollars,  of 
the  goods  and  chattels  of  the  faid  M.  F.  from  the  perfon,  and 
againft  the  will  of  the  faid  M.  in  the  ftreet  or  highway  afore- 
faid,  then  and  there  fe!unioufly  a.id  violently  did  ileal,  take 
and  carry  away,  againft  the  peace  of  the  people  of  the  ftate 
of  New- York  and  their  dignity. 


Ind'iSIment  for  Arfon.  . 

City  atidCottnty  "IT"' HE  jurors  for  the  people  of  the  ftafe 
of  Albany,  Jf.  /  A  of  New- York,  and  for  the  body  of 
the  city  and  county  of  Albany,  upon  their  oath  prefent,  that 
N.  A,  a  negro  woman  flave  of  A,  V.  W,  of,  &c.  in  the  coun- 
ty of  Albany,  yeoman,  not  having  the  fear  of  God  before 
her  eyes,  but  being  moved  and  fcduced  by  ihc  inftij^ation  of 
the  devil,  on  the  day  of  in  the  year  of  our  Lord 
aboat  the  hour  of      of  the  clock  in  the      of  the  fiime  day, 

vsiih 


Indldmettls. 


with  force  and  arms,  at  aforefaid,  ia  the  county  aforefaid, 
a  certain  barn  of  one  J.  ^.  S.  then  and  there  fuuated,  felor.i- 
cufiy,  wilfully  and  malicioufly  did  fet  fire  to,  and  the  fame 
barn  then  and  there  by  fuch  firing  as  aforefaid,  felonioufly, 
wiifaily  and  maiicioufly  did  burn  and  confume,  againtl  the 
form  of  the  ftatute  in  fuch  cafe  made  and  provided,  and  againft 
the  peace  of  the  peaple  of  the  Itate  of  New- York  and  their 
dignity. 


InJiilment  for  Murder. 

City  and  Countyl  \  ^  HE  jurors  for  the  people  of  the 
cf  Albany,  JJ".  j  X  ftate  of  New-York,  and  i'or  the  bo- 
cy  of  the  city  and  county  of  Albany,  upon  their  oath  pre- 
fent,  that  E.  S,  late  of,  &c.  in  the  county  of  Albany,  yeo- 
inan,  not  having  the  fear  of  God  before  his  eyes,  but  being 
moved  and  feduced  by  the  inftigation  of  the  devil,  on  the 

day  of  in  the  year  of  our  Lord  one  thauiund 
with  force  and  arnis  at  aforefaid,  i:i  the  county  afore- 
faid,  in  and  upon  E.  M.  in  the  peace  cf  G^d  and  of  the 
people  of  the  ftate  of  New-York,  then  and  there  being, 
felonioufly,  wilfully  and  of  his  malice  aforethought,  did 
nake  an  alTault,  and  that  the  faid  E.  S.  a  *  certain  gun  of 
the  value  of  two  dollars,  then  and  there  charged  with  gun- 
powder, and  thirty  leaden  (hot,  which  gun  he  th;  faid  E.  S. 
ID  both  his  hnnda,  then  and  there  had  and  held,  to,  againft 
and  upon  the  faid  E.  M.  tlien  and  thtre  felonioufly,  wilful- 
ly and  of  his  malice  aforethought,  did  (hoot  and  uifcharge, 
and  that  the  faid  E.  S.  with  the  leaden  /hot  afoiefaid,  out 
©r  the  gun  aforefaid,  then  and  tlicre  by  force  of  the  gun- 
powderand  (hot,  fent  forth  as  aforefaid,  the  aforefaid  E.  M, 
in  and  upon  the  uppermoft  and  thickeft  part  of  the  right 
thigh  of  him  the  faid  E.  M.  then  and  there,  with  the  lead- 
en (hot  aforefaid,  nut  of  the  gun  aforefaid,  by  the  faid  E.  S. 
fo  as  aforefaid,  fhot,  difchaiged,  and  fent  forth,  feloniouf- 
ly, wilfully  and  of  his  malice  aforethought,  did  ftiiiie,  pen- 
etrate, and  wound,  giving  to  the  faid  E.  M.  then  and  there, 
with  the  leaden  (hot  aforefaid,  fo  as  aforefcid  fhot,  dif- 
charafd  and  fent  forth  out  of  the  gun  aforefaid,  by  the 
faid  E,  S.  in  and  upoo  the  uppcrmoil  and  tliickcfl  part  of 

the 


26o 


Inquifitiont. 


the  right  thigh  of  him  the  faid  E.  M.  one  mortal  wound  of 
the  depth  of  fix  inches,  and  of  tlie  breadth  of  three  inches, 
o'f  which  faid  mortal  wound,  the  faid  E.  M.  then  and 
there  ini\antly  died  :  And  fo  the  jurors  aforefaid 
upon  tlieir  oath  aforefaid,  do  fay,  that  the  faid  E.  S,  the 
faid  E.  M.  then  and  there  in  manner  and  form  aforefaid, 
felonioufly,  wilfully,  and  of  his  malice  aforethought,  did 
kill  and  murder,  againft  the  peace  of  the  people  of  the 
ftate  of  New-York  and  their  dignity,  and  agaitift.  the  form 
of  the  flatiite  in  fuch  cafe  made  and  pruvidtd. 

*  Or  thus — A  certain  fpcar  of  the  value  of  thirty  cents, 
w-hith  he  the  faid  E.  S.  in  his  right  hand,  then  and  there 
had  and  held  in  and  upon  the  breafl  of  him  the  faid 
E.  M.  then  and  there  felonioufly,  wilfully  and  of  his  malice 
aforethought,  did  ftrike,  thruft  and  ftab,  giving  to  the 
faid  E.  M.  then  and  there  being  with  the  fptar  afore- 
faid, in  and  upon  the  breafl  of  liim  the  faid  E.  M.  one 
mortal  wound  of  the  bi  padtb  of  one  inch,  and  of  the  depth 
of  five  inches,  of  which  faid  mortal  wound  the  faid  E.  M. 
from  the  day  of  aforefaid  until  the  day  of  in  the 
year  of  cur  Lord  at  aforefaid,  did  langui/h,  and  Ian. 
guifhing  did  live,  on  v^hich  faid  day  of  in  the  year  laft 
aforefaid,  the  faid  E  M.  at  afoiefoid,  in  the  county  afore- 
faid, of  the  faid  m.ortal  wound,  died.    And  fo,  <ic. 


INQUISlTiOMS  by  COROKERS. 


/In  Itiqtii/tiioii  laJtm  before  the  Coroner  where  the  Deceafed  was 

•wilfullj  po'ifonetl. 

,  /r     A  ^  inquifiiion  indented,  taken  for  the 

Uela^are.J}.  ^^^^^^      j,^^  ^.^^^      New-York,  at 

the  town  of  Kortright,  in  the  faid  county,  this  fixih  day  of 
May,  in  the  year  of  oui  Lord  one  thoufand  eight  hundred 
before  C  D.  one  of  the  coroners  for  the  faid  county, 
on  a  view  of  the  body  of  /I.  B,  then  and  there  lying  dead, 
upon  the  oaih  of  \  Here  tnjert  the  jurors  names^  good  and 
lawful  meu  of  faid  county,  duly  fummoaed;  and  whu  being 

then 


Inqu'tfiiions. 


then  and  there  duly  fworn  and  charged  to  enquire  for  the 
faid  people,  when,  how,  and  by  whom  the  faid  /I.  B.  cajne 
to  his  death,  do  upon  their  oath  fay,  that  M.  B.  late  of 
the  town  of  Kortright,  in  the  county  aforclaid,  yeoman, 
not  having  the  fear  of  God  before  his  eyes,  but  being  mo- 
ved and  feduced  by  the  inftigation  of  the  devil,  and  of  his 
malice  aforethought,  contriving  and  intending  him  the  faid 
y^.  B.  with  poifon  felonioudy  to  kill  and  murder,  on  the 
firft.  day  of  May,  in  the  year  aforefaid,  with  force  and  arms, 
at  the  town  aforefaid,  in  the  county  aforefaid,  a  great  quan< 
tity  of  white  arfenic,  beiHg  a  deadly  poifon,  in  a  certain 
quantity  of  water-gruel  felonioufly,  wilfully  and  of  his 
malice  aforethought,  did  mix  and  mingle,  he  the  faid  M.  B. 
then  and  there  well  knowing  the  faid  white  arfenic  to  be  a 
dead'y  poifon  ;  and  that  the  faid  M.B,  afterwards, to  wit,  on 
the  fame  day  and  year  laft  aforefaid,  at  the  town  aforefaid,  in 
the  county  aforefaid,  the  poifon  aforefaid,  fo  as  aforefaid 
mixed  and  mingled,  felonioufly,  wilfully  and  of  his  malice 
aforethought  did  give  arid' offer  to  him  the  faid  A.  B.  to 
take,  drink  and  fwallow  down  ;  and  that  the  faid  //.  B. 
not  knowing  the  poifon  aforefaid  in  the  water-gruel  afore- 
faid to  have  been  mixed  and  mingled  as  aforefaid,  after- 
wards, to  wit,  on  the  fame  day  and  year  aforeAiid,  at  the 
town  aforefaid,  in  the  county  aforefaid,  the  faid  poifon  fo 
as  aforefaid  mixed  and  mingled,  by  the  procurement  and  per- 
fuafion  of  ihe  faid  M.  B.  did  take,  drink  and  fwallow  down  ; 
and  thereupon  the  faid  A.  B.  by  the  poifon  aforefaid,  fo  as 
aforefaid  taken,  drank  and  fwallowed  down,  became  then 
ar,d  there  fick  and  diflempered  in  his  body  ;  and  the  faid 
A.  B.  of  the  poifon  aforefaid,  and  of  the  fickncfs  and  dif- 
temper  thereby  occafioned,  from  the  faid  firft  of  May  in 
the  year  aforefaid,  until  the  fifth  day  of  the  faid  month  in 
the  fame  year,  at  the  town  aforefaid  in  the  county  aforefaid, 
did  languifh,  and  languifhing  did  live  ;  on  which  faid  fifth 
day  of  May,  in  the  year  aforefaid,  at  the  town  and  in  the 
county  aforefaid,  he  the  faid  A.  B.  of  the  pnifon  aforefaid, 
and  of  the  ficknefa  and  diftemper  thereby  occafioned,  did 
die  ;  and  fo  the  jurors  aforefaid,  upon  their  oath  aforefaid, 
do  fay,  that  the  faid  M.  B.  him  the  faid  A.  B.  in  manner 
and  by  the  means  aforefaid,  felonlouHy,  wilfully,  and  of  his 
y  mal  tee 


262 


tnqu\fuiont. 


iral'ce  aforethought,  did  poifon,  kill  and  murder,  agai'nft 
the  peace  of  the  people  of  the  faid  ftate  and  their  digsity  ! 
and  that  after  t!ie  faid  M.  B.  had  done  and  committed  the 
felony  and  murder  aforefaid,  in  manner  and  by  the  me^nj 
aforefaid,  the  faid  M.  B.  withdrew  and  fitd  for  the  fame  ; 
and  that  at  the  time  of  doing  and  commiiting  thereof,  or 
at  any  time  fince,  he  the  faid  M.  B,  had  no  goods  or  chat- 
tels, lands  or  tenements,  within  the  faid  county  or  elfe« 
\wherf,  to  the  knowledge  of  the  faid  jurors.  In  vvitnefs 
whereof,  as  well  the  faid  coroner,  as  the  faid  \^h:re  again 
infert  the  jurors  names'^  have  to  this  iriqnifjlicn  fet  their 
hands  and  feals,  the  day,  year  snd  place  firll  above  nien* 
tioned.* 

*  Where  a  perfcn  is  to  be  indiSed  for  a  murder,  it  is  ne- 
ceCTary  that  the  inquifition  fhould  be  figned  by  aii  the  jurors; 
but  where  there  is  to  be  no  trial,  the  atteft^iioii  may  be  by 
the  coroner  at  d  the  foreman  of  the  jury  in  the  iiaine  of  the 
whole,  ss  follows  :  "  In  witntfs  whereof  bs  Wf  H  'hf  laid  cor- 
"  oner  ■>%  the  faid  0.  P.  the  f.ireman  of  the  faid  jurors,  on  the 
"  behalf  of  himfelf  ^nd  the  reft  of  his  fellows,  in  their  pre- 
"  fence,  and  with  their  affent,  have  to  this  iiiquifiiion  fet 
*'  their  hinds  au.d  Teals  the  day,  year  and  place  fiifl  above 
•'  written," 


Jnquijitton  where  the  Death  tvns  occajtoned  by  Chance- Medley>' 

[Caption  fee  the  1  'TO  H  AT      B.  late  of  the  town  afore- 

jirji  Inqu'r/iiion.']  j  Ji.  faid,  laborer,  on  the  firft  day  of 
March,  m  the  year  aforefaid,  at  the  town  and  in  the  coun- 
ty  aforefaid,  a  certain  gun,  of  the  value  of  two  dollars,  then 
and  there  charged  with  gun-powder  and  a  leaden  bullet, 
xvhich  the  faid  /i.  B.  then  and  there  had  and  held  in  both 
his  hands,  then  and  thire  cafually,  and  by  misfottune,  and. 
againll  the  will  of  him  the  faid  B.  difcfiarged  and  (hot 
oflF ;  and  that  the  faid  yf.  B.  with  the  leaden  bullet  afore- 
faid, then  and  there  difcharg-.d  and  (hot  out  of  the  faid  gun» 
by  force  of  the  gun-powder  aforefaid,  him  the  faid  C,  D. 
in  and  upon  the  left  bread  of  him  the  faid  C.  D.  cafually, 
by  Hiisfortune,  and  againft  the  will  of  him  the  faid  ■4.  B. 
did  then  and  thtre  ftrikc  and  penetrate,  giving  unto  him 

the 


Inqutfitiont, 


the  faid  C.  D.  then  and  there  with  the  bullet  aforef^id,  out 
of  the  gun  aforefaid,  fo  as  aforefaid  (hot  off  and  difcharged 
by  the  force  of  the  faid  gun-powder,  in  and  upon  the  faid 
left  bread  of  him  the  faid  C.  D,  one  mortal  wound,  of  the 
breadth  of  one  inch,  and  the  depth  of  three  inches  ;  of 
which  faid  mortal  wound  he  the  faid  C.  D.  then  and  there 
inflantly  died  :  and  fo  the  jorors  aforefaid,  upon  their  oath 
aforefaid,  do  fay,  that  the  faid  A.  B-  him  the  faid  C.  D. 
in  manner  and  by  the  means  aforefaid,  cafualiy,  and  by 
inisfortune,  and  againft  the  will  of  him  the  faid  A.  B.  did 
^11  and  flay.    In  witnefs,  Sec.    [See  lie  f.rjl  inqu'>ftiion.'\ 


'  Jaqu'ifition  luhcre  the  Deceafed (being  a  Lunatic)  drotuned him- 
felf  !n  a  River. 

[Caption  fee  the  \  T^HAT  the  faid  A.  B.  not  being  of 
jirjl Inqu\Jxtion,'\\    X    found  mind,  memory,  and  undcr- 
ftanding,  but  lunatic  and  diftraded,  on  the  firit  day  of  May, 
jn  the  year  aforefaid,  at  the  town  and  in  the  county  afore- 
faid, to  wit,  into  the  river  Mohawk,  there  did  caft  and 
throw  himfclf,  by  means  of  which  faiJ  cafting  and  throw- 
ing he  faid  A.  B.  in  ihe  waters  of  the  faid  river  was  then 
and  there  fufFocated  and  drow.iid  ;  of  which  faid  fufFoca- 
tion  and  drowning  he  the  faid  A.  B.  then  and  there  infta;it- 
ly  died  :  and  fo  the  jurors  aforefaid,  upon  their  oath  afore- 
'  "faid,  do  fay,  that  the  faid  A.  B.  in  ma.iner  and  by  the 
:    mean:  aforefaid,  not  being  of  found  mind,  mernory,  and 
I    nnderftanding,  but  lunatic  and  diftrafted,  did  drown  and 
kill  himftlf.    In  witnefs,  &c.    {_See  the Jirjl  inquiftiion^ 

Jnqwption  ivhere  a  fane  Per/on  Jlabbed  hlmfelf  with  a  ^tuard. 

\Caption,  fee  tJie\  T^HAT  the  faid  A.  B.  not  having  the 
firft  Jnquijilion.j^  A  fear  of  God  before  his  eyes,  hwt 
I  being  moved  and  fcduccd  by  the  initigation  of  the-  devil,  on 
the  firft  day  of  May,  in  the  year  aforefaid,  with  force  an.i 
arms,  at  the  town  aforefaid,  in  and  upon  liioiftif,  in  the 
peace  of  God  a^id  the  people  of  die  (late  of  New- York,  tlierj 
tod  there  being,  fulonioufly,  wilfully,  and  of  his  malice 

aforethought 


Inqulfilions, 


aforethought,  did  make  an  affault  ;  and  that  the  faid  ^.  B. 
with  a  certain  drawn  fword,  made  of  iron  and  fteel,  of  the 
value  of  two  dollars,  which  he  the  faid  B.  then  and 
there  had  and  held  in  his  right  hand,  did  then  and  there 
give  unto  himfelf  one  mortal  wound  in  and  upon  ihe  belly 
of  him  the  faid  A.  B.  near  the  left  groin,  of  the  breadth  of 
one  inch,  and  of  the  depth  of  four  inches  ;  of  which  faid 
mortal  wound  he  the  faid  A.  B.  then  and  there  inftantly  di- 
ed,  and  fo  the  jurors  aforefaid,  upon  their  oath  aforcfaiJ, 
do  fay,  that  the  faid  .V.  B.  in  manner  and  by  the  means 
aforefaid,  fclonioufly,  wilfully,  and  of  his  malice  afore- 
thought, did  kill  and  murder  himfelf,  againft  the  peace  of 
the  people  of  the  (late  of  New-York  and  their  dignity. 
In  witnefs,  &c.    \_See  the  Jirjl  inguijition.'^ 


Inquj/itisn  nvhere  a  fane  Per/on  cut  his  Throat, 

\_Caption,  fee  ihe  \  ^"•HAT  the  faid  M.  P.  not  having 
JirJl  Inquijition.2  i  A  the  fear  of  God  before  his  eyeSi 
but  being  moved  and  feduced  by  the  inftigation  of  the  de» 
vil,  on  the  fn  ftday  of  May,  in  the  year  aforefaid,  with  force 
and  arms,  at  the  town  aforefaid,  in  the  county  aforefaid,  in 
in  and  upon  himfelf,  the  faid  M.  P.  in  the  peace  of  God 
and  the  people  of  the  (late  of  New- York  then  and  there 
being,  felonioufly,  wilfully  and  of  his  malice  aforethought 
did  make  an  affault  ;  and  that  the  faid  M.  P.  with  a  cer- 
tain knife,  made  of  iron  and  fteel,  of  the  value  of  twelve 
cents,  which  he  the  faid  M.  P.  in  his  right  hand  then  and 
there  had  and  held,  the  throat  or  gullet  of  him  the  faid 
M.  P.  did  then  and  there  ftrike  and  cut,  thereby  then  and 
there  giving  unto  himfelf  the  faid  M.  P.  with  the  knife 
aforefaid,  in  and  upon  the  faid  throat  or  gullet  of  him  the 
faid  M.  P.  one  mortal  wound,  of  the  length  of  four  inches, 
and  of  the  depth  of  one  inch  ;  of  which  faid  mortal  wound 
be  the  faid  M.  P.  then  and  there  inftantly  died  ;  and  fo 
the  jurors  aforefaid,  upon  their  oath  aforefaid,  do  fay,  that 
the  faid  M.  P-  in  manner  and  by  the  means  aforefaid,  felo- 
nioufly, wilfully,  and  of  his  malice  aforethought,  did  kill 
and  murder  himfelf,  againft  the  peace  of  the  people  of  the 
ftate  of  New-York  and  their  dignity.  In  witnefs,  &c. 
[_See  the Jirji  inqiij/iiion.^  Conftitution 


CONSTITUTION 

O  F   T  H  E 

UNITED  STATES. 


WE,  The  People  of  the  United  States,  in  order  to  form  a 
more  perfeiS  Union,  eftablifh  Juftice,  infure  domefttc 
Tranquility,  provide  for  the  common  Defence,  promote 
the  general  Welfare,  and  fecure  the  Blefliugs  of  Liberty 
to  oiirfelve?,  and  our  Pofterity,  do  ordain  and  estab- 
lish this  CONSTITUTION  for  the  United  States 
GF  America. 

ARTICLE  I. 

j     Sscl.  I.    A  LL  legiflative  powers  herein  granted,  (hall  be 
jtx.  vefled  in  a  Congrefs  of  the  United  States, 
which  fiiallconfift  of  a  Senate  and  Houfe  of  Reprefcniatives. 

SeS,  2.  The  houfe  of  reprefentatives  rtiall  be  corapofcd 
of  menjbers  chofen  every  fccond  year  by  the  people  of  the 
feveral  ftares  ;  and  the  eled^ors  in  each  Rate  ftiall  have  the 
qualifications  reqwfite  for  elediors  of  the  molt  numerous 
branch  of  the  ftate  Icgillature. 

No  perfon  ftiall  be  a  reprefeniative  who  (hall  not  have  at- 
tained to  the  age  of  twenty  five  years,  and  been  fevcn  years 
a  citizen  of  the  United  States,  and  who  ftiall  not,  when  eleft- 
cd,  be  an  inhabitant  of  that  ftate  in  which  he  fliall  be  chofen, 
Reprefentativesand  direft  taxes  (hall  be  apportioned  an  ong 
the  feveral  (lates  which  may  be  included  w  ithin  this  union, 
according  to  their  refpeftivc  numbers,  which  (hail  be  deter- 
mined by  adding  to  the  whole  number  of  free  peifons,incIud> 
ing  thofc  bound  to  fervice  for  a  term  of  years,  and  excluding 
ladiaas  not  taxed,  three  fifths  of  all  other  peifons.  The  ac- 
Y  tual 


466 


Confiitutlon  of  the  Un'tttd  Staht, 


tua!  enumeration  fhall  be  made  within  three  years  after  the 
firft  meetingof  thecongrefsof  the  United  States,  and  within 
every  fubfequent  term  of  ten  years,  in  fuch  manner  as  they 
ftall  by  law  direiS.  The  number  of  reprtfcntativcs  fhall  not 
exceed  one  for  every  thirty  thoufand,  but  each  ftate  (hall  have 
at  lead  one  reprefentative  j  and  until  fuch  enumeration  (hall  be 
made,  the  ftate  of  New-Hamp(hirc  fhall  be  entitled  lochufe 
three  ;  MafTachufetts,  eight  ;  Rhode- 1  (land  and  Providence 
Plantations,  one  ;  Connetticut,  five  ;  New- York,  fix;  New- 
Jerfey,  four  ;  Pennfylvsnia,  eight  ;  Delaware,  one  ;  Mary- 
land, fix  ,;  Virginia,  ten  ;  Notth-Carolina,  five  ;  South-Ca- 
rolina, five  ;  and  Georgia,  three. 

When  vacancies  happen  in  the  repref«ntation  from  any 
ilate,  the  executive  authority  thereof  l^all  iffue  vyiit?  of  elcc« 
tion  to  fill  fuch  vacancies. 

The  houfe  of  reprefentatives  fhall  chufe  their  fpeaker  and 
«ther  officers  ;  and  fliall  ha'e  the  Cole  povyer  of  impeaphment. 

Se£i.  3.  The  fenate  of  the  United  States  (hall  be  compof- 
ed  of  two  fenators  from  each  ftate",  clicfen  by  the  legiflatur^ 
thereof,  for  fix  years  ;  and  each  fenator  fi)all  have  one  vote, 

Imnjediately  after  they  (hall  be  affcmblcd,  in  confequencQ 
of  the  firft  eleftion,  they  ftiall  be  divided  as  equally  as  may 
be  into  three  clafTes.  The  feats  of  the  fenator;  of  the  firj^ 
clafs  fhall  be  vacated  at  the  expiration  of  the  ftcond  year, 
of  the  fecond  clafs  at  the  expiration  of  the  fourth  year,  and 
of  the  third  clafs  at  the  expiration  of  the  fixlh  year,  fo  that 
one  third  may  be  chofen  every  fecond  year  ;  and  if  vacan- 
cies  happen  by  refignation,  or  otherwife,  during  the  recefs 
of  the  legiflature  of  any  ftate,  the  executive  thereof  may 
make  temporary  appointments  \intil  the  next  meeting  of 
the  legiflature,  which  fliall  then  fill  fuch  vacancies. 

No  perfon  fhall  be  a  fenator  who  fhall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of 
the  United  States,  and  who  (hall  Dot,  vrhen  elefted,  be  aq 
inhabJtant  of  that  ftate  for  which  he  fhall  be  chofen. 

The  vice-prefident  of  the  United  States  (hall  be  prefiden^ 
of  the  feoate,  but  (kail  haye  fio  yote  pnlcfs  they  be  equally' 
diridcd. 


Conjilution  of  the  United  Stailt, 


26f 


The  fcnate  flTsll  chnfe  their  other  ofBcers  and  alfo  a  prcfident 
7  I  pro  tempore,  in  the  abl'tnce  of  the  vice-ptefident,  or  when  he 
*  I    fhall  exercife  the  office  of  prefident  of  the  United  States, 

The  filiate  fnall  have  '.he  fole  power  to  try  all  impeach- 
ments.     When  fitting  fin  that  purpofe,  they  (hall  be  on 
t      oath  or  aiEimation.    When  the  prelident  of  the  United 
[      States  is  tiied,  the  chief  jiiftice  fiiall  prefide  :  And  no  per- 
£cn  flial!  be  convifted  without  the  concurrence  pf  ttyo  third* 
cf  the  me  Jibes  prefent. 

judga.eiit  in  cal^ts  of  impeachment  fhall  not  extend  fur- 
ther than  to  removnl  from  office,  and  difqualification  to 
I     bijld  and  enjoy  any  cfSce  of  honor,  truft  or  profit  under  the 
I     iJniled  States  ;  but  ijie  party  cor.vjfted  flisll  neverthelefs 
be  liable  and  fubjec\  to  iiidi£\ment,  trial,  judgment  and 
puiiiHiraent  according  to  law. 

Sed.  4.  The  times,  places  and  itiaiiner  of  holding  eleftiona 
for  fenators  and  reprefentotives,  (halt  be  prefcribed  in  each 
ftate  by  the  legiflature  thereof  :  but  the  congrtfs  may  at 
any  time  by  law  mate  or  aiter  fuch  regulations,  except  as 
to  the  places  of  chufing  fenators. 

The  cotigrefs  (hall  offemble  at  kaft  once  in  every  year, 
and  fuch  mettirg  lliall  be  on  the  Grft  Monday  in  Dccembtfj 
unit  fa  they  (hall  by  law  uppoir.t  a  different  day. 

Sea.  5.  Each  hoafe  (hall  be  the  judge  of  the  e1e£lton«, 
returns  and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  flrall  confiituie  r  quorum  to  do  bufinefs  ;  but 
a  fmaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorifed  to  compel  the  aliendance  of  abfcnt  members,  in 
fuch  manner,  and  under  fuch  penalties  as  each  houfe  may 
proTide. 

Eich  houfe  may  determine  the  rules  of  its  proceedings, 
piinifh  it?  menrbers  for  difotderly  bfhavicr,  and,  with  the 
concurrence  of  two  thirds,  expel  a  member. 

Each  houfe  fhall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publifh  the  fame,  excepting  fuch  parts  as 
rozy  in  their  jadgmtnt  require  fecrecy  ;  and  the  yeas  and 
srd  nays  of  the  members  of  either  houfe  on  any  queflion 
fhall,  3t  the  defire  of  one  fifth  of  thofe  preftnt,  be  entered 
cn  the  Joiirna!, 

Neither 


368 


Conjlitution  of  the  Untied  States. 


Neither  houfe,  during  the  feflion  of  congrefs,  fliall  with- 
out  the  conl'ent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which  the  two 
houfee  (hall  be  fitting. 

Se8.  6.  The  fenators  and  repreftniatives  fhall  receive  a 
compenfation  for  their  fervices,  to  be  afcertained  by  law, 
and  paid  out  of  the  ttcafury  of  the  Unitfd  States.  They 
fhall  in  all  cafes,  except  treafon,  felony  and  breach  of  the 
peace,  be  privileged  from  arrt  ft  during  their  attendance  at 
the  feflion  of  their  refpeftivt  houfeo,  and  in  going  to  and 
returning  from  the  fame  ;  and  for  any  fpeech  or  debate  in 
tilher  houfe,  they  fliall  not  be  queftioiicd  in  any  other  placCi 

No  I'enator  or  rcptefentalive  fliall  during  the  time  for 
which  he  was  elt6led,  be  appointed  to  any  civil  oflSce  un- 
der ihe  authority  of  the  United  fetateS)  which  lhall  have 
been  created,  or  the  emoluments  whereof  fhall  have  been 
j'ncrcafed  during  fuel)  time  ;  and  no  perfon  holding  any  of» 
Jice  under  the  United  Statts,  ftiall  he  a  member  of  either 
houfe  during  his  continuance  in  office. 

Se8.  7.  All  bills  for  raifmg  revenue  fhall  originate  in  the 
houfe  of  reprefentatives  ;  but  the  fenate  may  propofe  or 
concur  with  amendments  as  on  other  bills. 

Every  bill  wiiich  fliall  hate  paffcd  tlit  houfe  of  repre- 
sentatives and  the  fenate  fliall,  before  it  become  a  law,  be 
prefented  to  the  prefidtnt  of  the  United  States  ;  if  lie  ap- 
prove he  (hall  fign  it,  but  if  not  lie  flrall  return  it,  with 
his  obji;(flion3  to  that  houfe  in  which  it  fliall  have  originat- 
ed, who  fliall  enter  the  obj.dlions  at  large  on  their  journal, 
and  proceed  to  reconfider  it.  If  after  fucb  rcconfidera' ion 
two-thirds  of  that  houfe  fliall  agree  to  pa  fs  the  bill,  it  fhall 
be  ftnl,  together  with  the  obj.-dions,  to  the  other  houfe, 
by  which  it  fl.all  likewife  be  recoiifidertd,  and  if  approved 
by  two  thirds  of  that  houfe,  it  fliall  become  a  law.  But  in 
all  fuch  cafes  the  votes  both  houfcs  fhall  be  detei  mined  by 
ytas  and  nays,  and  the  names  of  the  perfons  voting  for  and 
againft  the  bill  fliall  be  entered  on  the  journal  of  each  houfe 
refpeftively.  If  any  bill  fliall  not  be  returned  by  the  pre- 
fideni  within  ten  days  (Sundays  excepted)  after  it  Oiall 

have 


Cottftiiulion  of  the  United  States,  26 


have  been  prefented  to  him,  the  fame  (hall  be  a  law,  in  like 
Dianntr  as  if  he  had  Ggned  it,  unlefs  the  congrefs  by  their 
adjournment  prevent  its  return,  in  which  cafe  it  fhall  not 
be  a  law. 

Every  order,  refolution  or  vote,  to  which  the  concur- 
rerce  ef  the  fenate  and  houfe  of  reprefentatives  may  be 
nectffary  (fxcept  on  a  queftion  of  adjournment)  (hall  be 
prefented  to  the  prefident  of  the  United  States  ;  and  before 
the  fame  (hall  take  eflc-d,  (hall  be  approved  by  liim,  or,  be- 
ing, difapproved  by  him,  (hall  be  re-paffed  by  two.thirds  of 
the  fenate  and  houie  of  reprefentatives,  according  to  the 
rules  and  limitations  prefcribed  in  the  cafe  of  a  bill. 

SfP.  8.  The  congrcfs  (hall  have  power 

To  lay  and  colltd  taxes,  duties,  imports  and  escife3,  to 
pay  the  debts  and  provide  for  the  common  defence  and 
general  welfare  of  the  United  States  ;  but  all  diitif  s,  im- 
pofts  and  excifes  fhall  be  uniform  throughout  the  United 
Stated : 

Toborrovi'  money  on  the  credit  of  the  United  States  ; 
To  regulate  commerce  with  foreign  nations,  and  among 
the  feveral  (tates,  and  with  the  Indian  tribes  ; 

Toeftablifli  an  uniform  rule  of  naturalization,  and  uni- 
form laws  on  the  fubjsdt  of  bankruptcies  throughout  the 
United  States; 

To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  flandard  of  weights  and  meafures  ; 

To  provide  for  the  puni(hment  of  counterfeiting  the 
fecurities  and  current  coin  of  the  United  States  ; 

To  eftablifh  po;\-offices  and  po It  roads  ; 

To  promote  the  progrefs  of  fcience  and  ufeful  arts,  by 
fecuring  for  limited  times  to  authors  and  inventors  the  ex- 
clufive  right  to  their  refpedtive  writings  and  difeoveries  ; 

To  conftitute  tribunals  inferior  to  the  fupreme  court ; 

To  define  and  punilh  piracies  and  felonien  committed  on 
the  high  feas,  and  offences  againft  the  law  of  nations  ; 

To  declare  war,  grant  letters  of  marque  and  rcprifal, 
and  make  rules  concerning  captures  on  land  and  water  ; 

To  raife  and  fupport  armies,  but  no  appropriation  of 
money  to  that  ufe  (hall  be  for  a  longer  term  that  two  years  ; 

To  provide  and  maintain  a  navy  j 

Y  2  To 


Confitlution  of  the  Uniud  States. 


To  make  rules  for  the  gavernment  and  regulation  of  l,b« 

land  and  naval  forces  ; 

To  provide  for  calling  forth  the  militia  to  execute  tH« 
laws  of  the  union,  fupprefs  infurreflions  and  repel  invafions  ; 

To  provide  for  organizing,  arming  and  diiciplining  the 
militin,  and  for  governing  f\]ch  part  of  them  as  may  be  em- 
ployed in  the  fcrviceof  the  United  States,  referving  to  the 
ftates  rcfpedlively,  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  difciplioc 
prefcribed  by  congrcfs. 

To  extrcife  exclufivo  Icgiflation  in  all  cafes  whatfoever» 
over  fuch  diftrid  (not  exceeding  ten  miles  fquare)  as  may', 
by  cefTion  of  particular  ftates,  and  the  acceptance  of  congrefs, 
become  the  feat  of  the  government  of  the  United  States, 
aod  to  exercife  like  authority  over  all  places  purchafed  by 
the  confent  of  the  iegiflature  of  the  (late  in  which  the  fame 
(hall  be,  for  the  ere(ftion  of  forts,  magazines,  arfen^ls,  dock- 
yardf,  and  other  needful  buildings  ; 

And,  to  make  all  laws  which  (hall  be  neceflary  and  pro- 
per for  carrying  into  execution  the  foregoing  powers,  and 
all  other  powers  veiled  by  this  conftitution  in  the  govern- 
ment of  the  United  States,  or  in  any  depattraent  or  officer 
thereof, 

SeB.  g.  The  migration  or  importation  of  fuch  perfons 
as  any  of  the  dates  now  exifling  (hall  think  proper  to  admit, 
fhall  not  be  prohibited  by  the  congrefs  prior  to  the  year  one 
tlinufand  eight  hundred  and  eight,  but  a  tax  or  duty  may 
be  impofed  on  fuch  importation,  not  exceeding  ten  doliare 
for  each  perfon. 

The  privilege  oT  the  writ  of  hahfas  corpus  (hall  not  be 
fufpi.nded,  unlefs  when  in  cafes  of  rebellion  or  invafion  the 
public  (afety  may  require  it. 

No  bill  of  attainder  or  expojl fado  law  (hall  he  paded. 

No  capitation,  or  other  diredt  tax,  (hall  be  bid,  unlefs  in 
proportion  to  the  cenfus  or  enumeration  herein  before 
direfled  to  be  taken. 

No  tax  or  duty  (hall  be  laid  on  articles  exported  from 
any  ftate.    No  preference  fhall  be  given  by  any  regulation 

of 


Conjlitutlon  of  the  United  Sfatffy 


of  commerce  or  revenue  to  the  ports  of  one  ftateover  thof^ 
of  another  ;  nor  (hali  vefTels  bound  to,  or  from,  one  (late,  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

No  money  Hiall  be  drawn  from  the  treafury,  but  in  con- 
fequence  of  appropriations  made  law  ;  and  a  regular  ftate- 
mcnt  and  account  of  the  receipts  and  expenditures  of  aU 
pnbh'c  money  (hjll  be  publilbed  from  time^to  time. 

No  title  of  nobility  fliall  be  granted  by  the  United  States  ; 
and  no  perfon  holding  any  office  of  profit  or  truft  under  them 
{hail,  without  the  confent  of  the  congrefs,  accept  of  any  prCr 
fent,  emolument,  office,  or  title  of  any  kind  whatever,  front 
any  king,  prince  or  foreign  flate. 

5(8.  10.  No  (late  (hall  enter  into  any  treaty,  alliance,  or 
confederation  ;  grant  letters  of  marque  and  reprifal  ;  coin 
monty  ;  emit  bills  of  credit ;  make  any  thing  but  gold  and 
lilver  coin  a  ttnder  in  payment  of  dtbis  ;  pafs  any  bill  of  at- 
tainder, fx  pojl  faSo  law,  or  law  impairing  the  obligation 
of  contraifls,  or  grant  any  title  of  nobility. 

No  ftate  fliall,  without  the  confent  of  ihe  congrefs,  lay  any 
impods  or  duties  on  imports  or  exports,  except  what  may  be 
abfolutely  neceflary  for  executing  its  infpediion  laws  ;  and 
the  net  produce  of  all  duties  and  imports,  laid  by  any  ft  tte 
on  imports  or  exports,  (hall  be  for  the  nfe  of  the  treafury  of 
the  United  States  ;  and  all  fuch  laws  (hall  be  fubjeft  to  the 
levifion  and  controul  of  the  congrelk.  No  ftate  (hall,  with" 
out  the  confent  of  congrefs,  lay  any  duty  of  tonnage,  keep 
troops,  or  (hips  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compafi  wiiJj  another  Hate,  or  with  a  foreign 
power,  or  engage  in  war,  unlefa  aftually  invaded,  or  in  fucbi 
imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

SeB.  I .  The  executive  power  fhall  be  vefted  in  a  prefident 
of  the  Uuited  States  of  America.  He  (ball  hold  his  ofiice 
during  the  term  of  four  years,  and,  together  with  the  vice- 
prefident,  chofen  for  the  fame  term,  be  elefted  as  follows  : 

Each  ftate  (hall  appoint,  in  fuch  manner  as  thelegifljturc 
thereof  may  diredl,  a  number  of  cleftors,  equal  to  the  whole 
number  of  fennlors  and  reprefentatives  to  which  the  ftate 

may 


272  ConJiUution  of  ihc  Un'tud  States. 

may  be  entitled  in  the  congrefs :  but  no  fenator  or  teprC'- 
fentative,  ©r  perfon  holding  an  office,  of  truft  or  profit,  un- 
dci  the  United  States,  fliail  be  appointed  an  cleftor. 

The  ele(Sor8  fliall  meet  in  iheii  rtfpe£live  llatcs,  and  vote 
by  ballot  for  two  perfoos,  of  whom  one  at  lealt  (fiall  not  be 
an  inhabitant  of  the  fame  ftate  with  themfclvea.  And  they 
fhall  make  a  lift  of  ail  the  perfoos  voted  for,  and  of  the  num- 
ber of  votes  for  each  ;  which  lilt  ihty  lhall  fign  and  certify, 
and  tranfmit  fealed  to  the  feat  of  the  government  of  the 
United  States,  diredled  to  the  prcfident  of  the  fenate  ;  the 
piefidcnt  of  the  fenate  fhall,  in  the  prcfentc  of  the  ftnate  and 
houfe  of  reprefentatives,  open  all  the  ctttificatts,  and  the 
votes  fhall  then  be  counted.  The  pctfon  having  the  great- 
eft  number  of  votes  fhall  be  the  prdident,  if  fuch  number 
be  a  majority  of  the  whole  number  of  eieftors  appointed  ; 
and  if  theie  be  more  than  one  who  have  fuch  majority, 
and  have  an  equal  number  of  votes,  then  the  houfe  of 
reprefentatives  (hall  immediately  chufe  by  ballot  one  of  them 
for  prefident  ;  and  if  no)  perfon  have  a  majority,  then  from  the 
five  higheft  on  the  lift,  the  faid  houfe  (hall  in  like  manner 
chufe  the  prefident.  But  in  chuling  the  piefident  the  votes 
fhall  be  taken  by  ftates,  the  reprefentation  from  each  ftate 
having  one  vote  ;  a  quotum  for  this  purpofe  rtial!  confift  of 
a  member  or  membeis  from  two-thirds  ot  the  ftates,  and  a 
majority  of  all  the  ftates  ftiall  be  necefTary  to  a  choice.  In 
every  cafe,  after  the  choice  of  the  prefident,  the  perfon  hav- 
ing  the  greateft  nnmber  of  votes  of  the  ekdtors  ftiall  be  the 
vice  prefident.  But  if  thete  ftiall  remain  two  or  more  who 
have  equal  votes,  the  fenate  (hall  chufe  from  them  by  ballot 
the  vice  prefident. 

The  congrefs  may  determine  the  time  of  chufing  the 
cle6tors,  and  the  day  on  which  they  (hall  give  their  votes; 
which  day  (hall  be  the  fame  throughout  tlie  United  States. 

No  peifon,  except  a  natural  born  citizen,  or  a  citizen  of 
the  United  States,  at  the  time  of  the  adoption  of  thiscon- 
flitution,  (hall  be  eligible  to  the  office  of  prci.dtnt  ;  neither 
(hall  any  perfon  be  eligibh  to  that  office  who  ftiall  not  have 
attained  to  the  age  of  thirty-fire  ytrats,  and  been  fourteen 
years  a  refidrnt  within  the  United  States. 

In  cafe  of  the  removal  of  the  prefident  from  office,  or  of 

hit 


Conjltluiion  of  the  Untied  States, 


273 


his  death,  refignation,  or  inability  to  difcharge  the  powers 
aiid  duties  of  the  faid  ofEtce,  the  fame  fhall  devolve  on  the 
vice-prcfident,  and  the  congrefs  may  by  law  provide  for  the 
cafe  of  removal,  death,  refignation,  or  inabiHty,  both  of  ihe 
prcfident  and  vice-prefidcnt,  declaring  what  officer  (hall 
tlicD  adl  as  prcfident,  and  fuch  officer  ftiall  a6t  accordingly, 
until  thedifability  be  removed,  or  a  prefident  fhall  be  elefted. 

The  prefident  rtiall,  at  llated  times,  receive  for  his  fervi- 
cet,  a  compenfalion,  which  Ihall  neither  be  encreafcd  nor 
diminifhed  during  the  period  for  which  he  fhall  have  been 
cledled,  and  he  ftiall  not  receive  within  that  period  any  other 
emolument  from  the  United  SieCes,  or  any  of  ihem. 

Before  he  enter  on  the  execution  of  his  office,  he  (hall  take 
the  following  oath  or  affirmation  : 

"  I  do  folemnly  fwear  (or  affirm)  that  I  will  faithfully  ex- 
"  ecute  the  office  of  prcfident  of  the  United  States,  and  will 
*•  to  the  beft  of  my  ability,  prtferve,  prottd  and  defend  the 
♦*  conftitulion  of  the  United  States." 

SeS.  2.  The  prefident  fhall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of 
the  fcveral  ftatei,  when  called  into  the  actual  fervicc  of  the 
United  States  ;  he  may  require  the  opinion,  in  wiitiog,  of 
the  principal  officer  in  each  of  the  executive  departments, 
upon  any  fubjedl  relating  to  the  duties  of  their  velpe flive  of- 
fices, and,  he  fhall  have  power  to  grant  reprieves  and  par- 
dons  for  offences  agaiuft  the  United  Stales,  except  in  cafes 
of  Impeachment. 

He  fhall  have  power,  by  and  with  the  advice  and  confent 
of  the  fenate,  to  make  treaties,  provided  two  thirds  of  the 
Arnators  prefent  concur  ;  and  he  fhall  nominate,  and  by  and 
with  the  advice  and  confent  of  the  fenate,  fhall  appoint  am- 
balTadors,  other  public  miniflers  and  confuh,  judges  of  the 
fupiemc  couil,  and  all  other  officers  of  the  United  States, 
whofe  appointments  aie  not  herein  otherwlfe  provided  for, 
and  which  fhall  be  eflab!ifhed  by  law.  Bat  the  congrefs 
may  by  law  veft  the  appointment  of  fuch  inferior  officers  as 
ihc)'  think  properiii  the  prefident  alone,  in  the  courts  of  law, 
or  in  the  Leads  of  departments. 

The 


a  74  Conjtitutton  of  the  Uniud  Stat/J. 


The  prefident  fhall  have  power  to  fill  up  all  vacancies  ttiat 
may  happen  during  the  recefi  of  tl:e  fcnate,  by  granting 
commiiBone  which  fhall  expire  at  the  end  of  their  next  fef* 
fion. 

Se3.  3.  He  rtiall  from  time  to  time  give  to  the  congrtfa 
information  of  the  (late  of  the  union,  and  recRmmcnd  to  their 
confideration  foch  meafiires  as  he  fhall  judge  nectflary  and 
expedient  ;  he  may,  on  extraordinary  occafions,  convene 
both  houfes,  or  either  of  them,  and  in  cafe  of  difagreement 
between  them,  with  rcfpeft  to  the  time  of  adjournment,  he 
may  adjourn  them  to  fiich  lime  as  he  fhall  think  proper  ; 
he  fliall  lective  ainbaifadors  and  other  public  minif\eis  ;  he 
fhall  take  care  that  the  laws  be  faithfully  executed,  and  fhall 
commiffion  all  the  officers  of  the  United  States. 

Sfff.  4.  The  prefidcnt,  vice-prefidtnt  and  all  civil  officers 
?f  the  United  States  fhall  be  renoovt-d  from  office  on  im- 
peachment for,  and  coT!vi6^ion  of,  treafoo,  bribery,  or.  ctbcr 
high,  Climes  and  niifdemeanois. 

ARTICLE  Hi. 

S/a.  I.  The  judicial  power  of  the  Uflited  States,  fhall  be 
vef)ed  in  one  fupreme  court,  and  in  fuch  inferior  courts,  as 
the  congrefs  may  from  time  to  time  ordain  and  tftablifh 
The  judges,  both  of  the  fupreme  and  inftrior  courts,  fhalf 
hold  their  cftces  during  good  behavior,  and  fliall,  at  tVatcd 
times,  receive  for  their  ferv  ices,  a  compenfation,  which  fhall' 
not  be  diminifhtd  during  their  continuance  in  office. 

St$.  2.  The  judicial  power  fhall  extend  to  all  cafes,  iu  law; 
and  equity,  arifing  under  this  conditution,  the  laws  of  the 
U/iited  States,  and  treaties  made,  or  which  fhall  be  made 
under  their  authority  ;  to  all  cafes  afPefting  ambaffadore, 
CKher  public  miniftcis  and  confuls  ;  to  all  csfesof  admiralty 
an^  maritime  jurifJIflion  ;  to  controverfics  to  whi(h  tbi 
United  States  fhall  be  a  party  ;  to  controvtrfies  between  two 
or  more  flates,  between  a  {late  and  citizens  of  another  (tate, 
betv»een  citizens  of  different  ftates,  between  citizens  of  the 
fame  flate  claiming  lands  under  grants  of  different  Rates,  and 
between  a  flate,  or  ihc  citiaeus  thereof,  and  foreign  flatcs, 
citizens  or  fubjcfts.  In 


CenJIitul'ion  of  the  United  Statu, 


275 


lo  all  cafes  tfTef^iDg  ambaiTtdors,  other  public  minifters 
andconfuls,  and  thofe  in  which  a  (late  (hall  be  party,  the  fu* 
preme  court  fhall  have  original  jurifdidiion.  In  all  the  other 
cafes  before  mentioned,  the  fupreme  court  (hall  hare  appel- 
late jurifdiction,  both  as  to  law  and  fad,  with  fuch  excep- 
tions, and  under  fuch  regulations  as  the  congrefs  (hall  make. 

The  trial  of  all  crimes,  except  in  cafes  of  impeachment, 
iball  be  by  jury  ;  and  fuch  trial  (hall  be  held  in  the  ftate 
where  the  (aid  crimes  (hall  have  been  committed  ;  but  when 
BOt  committed  within  any  ftate,  the  trial  (hall  be  at  fuch 
place  or  places  as  the  congrefs  may  by  law  have  diretled. 

Sea.  3.  Treaf6n  againft  the  United  States,  (hall  conHfl: 
0oly  in  Ie7,ying  war  againft  thera,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comlort.  No  perfon  lhall  be 
^nvlcied  of  treafon  uiiiefs  on  the  teiiimony  of  tvro  wit- 
pefTes  to  the  fame  overt  zSt,  or  on  ccnfeflion  in  open  court. 

The  congrefs  (hall  have  power  to  declare  the  punilhment 
of  treafon,  but  no  attainder  of  treafon  (hall  work  corrup- 
tion of  blood,  or  forfeiture,  except  during  the  life  of  the  per* 
^on  attainted. 

ARTICLE  IV. 

Sed.  i-  Full  faith  and  credit  (hall  be  given,  in  each  (late, 
(o  the  public  afts,  records,  and  judicial  proceedings  of  every 
other  (late.  And  the  congrefs  may,  by  general  laws,  pre- 
fcribe  the  manner  in  which  fuch  afts,  records  and  proceed- 
ings (liall  be  proved,  and  the  effeft  thereof. 

Sea.  2.  The  citizen*  of  each  ftate  (hall  be  entitled  to  all 
privileges  and  immusities  of  citizens  in  the  feveral  ftates. 

A  perfon  charged  in  any  ftate  with  treafon,  felony,  or 
other  crime,  ^bo  (hall  fiee  from  j'lftice,  and  be  found  in 
another  ftate,  fhall,  on  demand  of  the  executive  authority  of 
the  ftate  from  wkich  he  fled,  be  delivered  up,  to  he  removed 
to  the  ftate  haying  jurifdi£lion  of  the  crime. 

No  perfon,  held  to  fervice  or  labor  in  one  ftate,  under 
|he  laws  thereof, efcapiag  into  another,  fhall,  in  confequencc 
of  any  law  or  regulation  therein,  be  difcharged  from  fuch 
fervice  or  labor  ;  but  (hall  be  dclivared  up  on  claim  of  the 
party  to  whom  fuch  fervice  or  labour  may  be  due. 

Sc9.  3. 


Conjlilulion  of  the  United  States. 


Se8.  3.  New  ftates  may  be  admitted  by  the  congrefs 
into  this  union  ;  but  no  new  ftate  (hall  be  foimed  or  erefled 
within  the  jiii  ifdidion  of  any  other  Hate  ;  nor  any  ftate  be 
formed  by  the  junclion  of  two  or  morr-  itates,  or  parts  of 
dates,  without  the  confent  of  the  Ugiflatures  of  the  ftates 
concerned,  as  well  as  of  the  congrt  fs.  ' 

The  coiigrt fs  Tnall  have  power  to  dlfpofe  of,  and  make 
all  needful  rules  an«l  regulations  refp'. 6)ing  the  territory  or 
other  property  belonging  to  1  ht  United  States  :  and  nothing 
in  this  conftitution  fiiall  be  fo  conftrucd,  as  to  prejudice  any 
claims  of  the  United  Statef,  or  of  any  particular  ftate. 

Se6l.  4.  The  United  States  (hall  guarantee  to  every  ftate 
in  this  union,  a  republican  form  of  governmtnt  :  and  (hall 
protecfl  each  of  them  againft  invafion  ;  and  on  application  uf 
the  legiflature,  or  of  the  executive  (when  the  legiftature 
cannot  be  convened)  againft  dorncftic  violence. 

ARTICLE  V. 

The  congrefs,  whenever  two  thirds  of  both  houfcs  (hail 
deem  it  neccfTary,  ftiall  propofe  amendments  to  this  confti- 
tution, or,  on  the  application  of  the  legifldturesof  two  thirds 
of  the  fever..!  Hates,  (liall  call  a  convention  for  propofing 
amendments:  which,  in  cither  cafe,  (hall  be  valid,  to  all  in- 
tents and  put  pofes,  as  part  of  this  conftilutios,  when  ratified 
by  the  Icgidatures  of  three  fourths  of  the  fcveral  ftates,  or 
by  conventions  in  tlirce  fourths  thereof,  as  the  one  or  the 
other  mode  of  ratification  may  be  propoftd  by  the  congrefs  ; 
provided,  that  no  amendment,  which  may  be  made  prior  to 
the  year  one  ihoufand  eight  hundred  and  eight,  fhall  in  any 
rnaiinerafFe<5t  thefirft  and  fourth  claufes  in  the  ninth  fedlion 
of  the  fiift  article  ;  and  th.it  no  ftate,  without  its  confent^ 
fhall  be  dtptived  of  its  equal  fuffrage  in  the  fenite. 

A  R  T  I  C  L  E  VI. 

All  debts  contrafled  and  engagements  entered  into,  before 
the  adoption  of  this  conftitution,  (hall  be  as  valid  againft 
the  United  States  under  this  conftitution,  as  under  the  con- 
federation. 

This  conftitution,  and  the  laws  of  the  United  States 

which  i 


Conjiitution  of  the  United  Slates. 


277 


v.Iiich  (KalLbe  made  in  purfuance  thereof  ;  and  all  trealie* 
made,  or  which  (hall  be  made,  under  the  authority  of  the 
Unitrd  States,  (hall  be  the  fupreme  law  of  the  land  ;  and 
the  judges  in  every  ftate  fhall  be  bound  thereby,  any  thing 
in  the  conltitution  or  laws  of  any  ftate  to  the  contrary  not- 
witb  (landing. 

The  fenators  and  reprefentatives  before  mentioned,  and 
the  members  of  the  feveral  ftate  legiOatures,  and  all  execu- 
tive and  judicial  officers,  both  of  the  United  States  and  of 
the  feveral  flates,  ftiall  be  bound  by  oath  or  affirmation,  to 
fupport  this  conftitution  ;  but  no  religious  teft  (hall  ever  be 
required  as  a  qualification  to  any  office  or  public  liuft  under 
the  United  States. 

ARTICLE  VII. 

The  ratiScation  of  the  conventions  of  nine  ftates  (hali 
be  fufficient  for  the  eflablirtiment  of  this  conftitution  be- 
tween the  ftates  fo  ratifying  the  fame. 

Done  in  Convention,  by  the  unanimon:  cnfent  of  the  Statet 
prefeni,  the  feventeenth  day  of  September,  in  the  year  of 
our  Lord  one  thoufand  feven  hundred  and  eight)'  /even, 
and  ef  the  Independence  of  the  United  Stales  of  America 
the  tivefth.  In  witnefs  nvhereof  we  have  hereunto  fuh* 
fcribed  our  names. 

Go  :  WASHINGTON,  Pnjidt. 

New.  Hampfhirg, 
John  Langdon, 
Isicholas  Gilman. 

Maffachufetts. 
Nathaniel  Gorbam, 
Rufus  King. 

ConneBicut. 

Wm.  Saml.  Johnfon, 
JR.oger  Sherman. 

Netv-Tork, 

Alexander  Hamilton. 


and  Deputy  from  Fiiginla. 

tietojcrfty, 

Wil.  Livingfton, 
David  Breailcy, 
Wm.  Paterfon, 
Jona.Dayton. 

Pennfylvania> 
B.  Franklin, 
Thomas  Mifflin, 
Rob.  Morris, 
Geo.  Clymer, 
Thos.  Fitzfimons» 
Jared  Ingeifoll, 
Z  James 


178 


Cvnjlitutlon  of  the  United  State*, 


James  Wilfon, 
Gouv.  Morris. 

Delaroare. 
Geo.  Read, 

Gunning  Bedford,  junr. 
John  Dickinfon, 
Richard  BafTeit, 
Jaco.  Broom. 

Maryland. 
James  M'Henry, 
Ban.  of  St.  Thos.  Jenifer, 
Dan.  Carroll. 

Virginia. 
John  Bldir, 
James  Madifon,  jr. 

Attcft.  Wi 


North-CaroVma. 
Wm.  Blount,- 
Richd.  Dobbs  Spaightj 
Hu,  Williamfon. 

South  Carolina. 
J.  Rutledge, 

CharlesCotcfworthPinckney 
Charles  Pinckney, 
Pierce  Butler. 

Georgia. 

Willia.Ti  Few, 
Abr.  Baldwin. 


LLiAM  Jackson,  Secretary. 


In  Convention,  Monday,  September  17,  -1787. 

Prefent — The  States  of  New-Hamp(hire,  Mafiachufetts, 
Conoedicut,  Mr.  Hamilten,  from  New- York,  New  Jer- 
fey,  Pcnnfylvania,  Delaware,  Maryland,Virginia,  North- 
Carolina,  Soutii-Carolina  and  Georgia. 

Resolved, 

THAT  the  preceding  conftitution  be  laid  before  th? 
United  States  in  congrefs  aflembled,  and  that  it  is 
the  opinion  of  this  convention,  that  it  (hould  afterwards  be 
fubmitted  to  a  convention  of  delegates,  chofen  in  each 
ftate  by  the  people  thereof,  under  the  recommendation  of 
its  legiflature,  for  their  uifcnt  and  ratification  ;  and  that 
each  convention  affeniing  to,  and  ratifying  the  fame,  Ihould 
give  notice  thereof  to  the  United  States  in  congrefs  affeni- 
bled. 

Refolved,  That  it  is  the  opinion  of  this  convention,  that 
fooQ  as  the  conventions  of  nine  ftates  Hiall  have  ratifiej 

thio 


Ccnjlitutlon  (,/  the  United  States. 


2/9 


Ihis  conftltution,  the  United  States  in  congrefs  affembled 
ftould  fix  a  day  on  which  elcftors  fhould  be  appointed  by 
the  ftates  which  (hall  have  ratified  the  fame,  and  a  day  on 
which  the  eieclors  fhould  aflcmble  to  vote  for  the  piefident, 
and  the  time  and  place  for  commencing  proceedings  under 
this  conftitution.  That  after  fuch  publication  the  eleflora 
Ihould  be  appointed,  and  the  fenators  and  reprefentatives 
elefted  :  That  the  electors  fhould  rtieet  on  the  day  fixed  for 
the  cleAion  of  the  prefident,  and  fhould  tranfmit  their  votes 
certified,  figned,  fealed,  and  directed,  as  the  conftitution  re- 
quires, to  ihe  fecretary  of  the  United  States  in  congrefs 
affembled,  that  the  fenators  and  reprefentatives  fhould  con- 
vene at  the  time  and  place  afligned  ;  that  the  fenators  fhould 
appoint  a  prefident  of  the  fenate,  for  the  fole  purpofc  of 
receiving,  opening  and  counting  the  votes  for  prefident  j 
and,  that  after  he  fliall  be  chofen,  the  congrefs,  together 
with  the  prefident,  fhould  without  delay,  proceed  to  exe- 
cute this  copflitution. 

By  the  unanimous  ortfer  of  the  Convention, 

Go:  WASHINGTON,  Prtf,Jt. 

W.  Jackson,  Secretary, 


In  Convention,  September  17,  1787.  ^ 

SIR, 

WE  have  now  the  honor  to  fubmit  to  the  confideration 
of  the  United  States  in  congrefs  afTcmbled,  that 
conftitution  which  has  appeared  to  us  the  molt  advifeable. 

The  friends  of  our  country  have  long  feen  and  deured, 
that  the  povfer  of  making  nar,  peace  and  treaties,  that  of 
levying  money  and  regulating  commerce,  and  the  CQrrcipon- 
deni  extcufive  and  judicial  authorities  fliould  be  fully  and 
efFeftually  veiled  in  the  genera'  government  of  the  union  ;  but 
the  imprcpritty  of  delegating  fuch  extenftve  trufl  to  one 
bocy  of  men  is  evident.  Hence  refults  the  neceffity  of  a 
different  organization. 

It 


48o  Conjlitution  of  (he  United  States, 


It  is  obvloufly  imprafticable,  In  the  federal  government  of 
tli*fe  dates,  to  ftcure  all  rights  ef  independent  fovereignty 
to  each,  an  J  yet  provide  for  the  intereft  and  fafety  of  all- 
individuals  entering  into  fociety,  muft  give  up  a  fhare  of  libfi> 
erty  to  preferve  the  reft.  The  magnitude  of  the  facriiice 
muft  depend  as  well  on  fituation  and  circumftancc  as  on  the 
objtdl  to  be  obtained.  It  is  at  all  tinnes  difficnlt  to  draw 
with  precifion  the  line  between  ihofe  rights  which  muft  be 
furrendered,  and  thofe  which  may  be  rcferved  ;  and  on  the 
prefent  occafion  this  difficulty  was  encreafed  by  a  difference 
among  the  feveral  ftates  as  to  their  fituation,  estent,  habits 
and  particular  interefts. 

In  all  our  deliberations  on  this  fubjefl  we  kept  (leadSIy 
in  our  view,  that  which  appears  to  us  the  grtateft  intereft  cw 
every  true  American,  the  confolidation  of  our  union,  in 
which  is  involved  our  profperity,  felicity,  fafety,  perhaps 
our  national  exiltence.  This  important  confideration, 
ferioufly  and  deeply  imprtlTed  on  our  minds,  ltd  each  ftate 
in  the  convention  to  be  lefs  rigid  on  points  of  inferior  mag- 
nitude, than  might  have  been  otherwife  expcfted  ;  and  thus 
the  conft  tution,  which  we  now  prefent,  is  the  refult  of  a 
fpirit  of  amity,  and  of  that  mutual  deference  and  conceffion 
which  tlie  peculiarity  of  our  political  fitualioo  rendered  in- 
difpenfible. 

That  it  will  meet  the  full  and  entire  approbation  of  every 
Hate  is  not  perhaps  to  be  expe£ted  ;  but  each  will  doubtlefs 
confider,  that  had  her  interefttf  been  alone  confulted,  the 
confequences  might  have  been  particularly  difagreeable  or 
injurious  to  others  ;  that  it  is  liable  to  as  few  exceptions  as 
could  reafonably  have  been  expefted,  we  hope  and  believe  ; 
that  it  may  promote  the  lafting  welfare  of  that  country  fo 
dear  to  us  all,  and  fecure  her  freedom  and  happlnefs,  is  oar 
moft  ardent  wi(h. 

JVilh  great  re/peH,  we  have  the  honor  to  5e,Jir, 
Tour  Excellency'' I  mofi  obedient  and  humble  Jervants, 

Go  :  WASHINGTON,  Prejidt. 

By  unanimous  order  of  the  Convention* 

His  Excellency  the  Prejident  ef  Congrefs. 

Congrefs 


Amendment t  toiie  Conjlitution  of  the  Untied  States,  281 


Congrejs  of  the  United  States, 

Began  and  held  at  the  city  of  New- Yotk,  on  Wednefday  the 
4th  of  March,  one  thoufand  feven  hundred  and  eighty-nine. 


The  Conventions  of  a  number  of  ftates,  having,  at  the  time 
of  their  adopting  the  Conftitution,  expreffeJ  a  defue,  m 
order  to  prevent  mifconftiuflion  or  abufe  of  its  powers,  that 
further  declaratory  and  reftriflive  claufes  (liould  be  added  : 
And,  as  extending  the  ground  of  public  confidence  in  the 
government,  will  beft  enfure  the  beneficent  ends  01  its  in- 
ftitution  : 

RESOLVED  by  the  Senate  and  Houfe  of  Reprefenlatiws 
of  the  United  States  oj  America,  in  Congrejs  ajfemhled, 
two-thirds  of  both  Houfes  concurring.  That  the  following  Ar- 
ticles be  propofed  to  the  legiflatures  of  the  feveral  ItateSj 
as  amendments  to  the  conftitution  of  the  United  States, 
all  or  any  of  which  article?,  when  ratified  by  three-fourth; 
of  the  faid  legiflafLires,  to  be  valid  to  all  intents  and  pur> 
pofes,  as  part  of  the  faid  conftitution  ;  viz. 

Articles  in  addition  to,  and  amendment  of,  the  Conjlitution  of 
the  United  States  of  America,  propofed  by  Congrefs,  and 
ratified  by  the  Ltg  flatures  of  the  feveral  Stales,  purfuant  ia 
the fifth  article  of  the  original  Conflitutlon, 

ARTICLE  \. 

AFTER  the  firft  enumeration  required  by  tl)c  firft  ar- 
ticle of  the  t  onftitution,  there  (hall  be  one  repitfen- 
tative  for  every  thirty  thoufand,  until  the  number  (hall 
amount  to  one  hundred,  after  which  the  proportion  (hall 
be  fo  regulated  by  Congrtfs.  that  there  fnall  be  not  lefs 
than  one  hundred  reprefcntatives,  nor  lefs  than  one  rcpre- 
fentative  for  every  forty  thoufand  perfons,  until  the  num- 
ber of  lepreftntatives  (liall  amount  to  two  hundred  ;  after 
which  the  proportion  (hall  be  fo  regulated  by  Congrefs, 
that  iheic  (ha!!  be  not  lefs  than  two  hundred  reprefcntatives, 
nor  more  than  one  reprefentative  for  every  fifty  thoufand 
perfons. 

Z  2  Article 


alz  Amendments  to  the  Coftjitiition  of  the  United  Slates. 


ARTICLE  II. 

No  law  varying  the  compenfation  for  thi:  fervices  of  the 
■ftnators  afid  leprefentatives,  (liall  take  cfFcift,  until  an  elec- 
tion of  reprefentatives  (hall  have  intervened. 

ARTICLE  III. 

Congrtfs  fliall  make  no  law  refpefting  an  eftabli'lhrnent 
of  religion,  or  prohibiting  the  free  exercife  thereof  ;  or 
abridging  the  freedom  of  fpeech  or  of  the  prefs  ;  or  the 
right  of  the  people  peaceably  to  affemble,  aiid  to  petition 
the  governnfient  for  a  redrefs  of  grievances. 

ARTICLE  IV. 

A  well  regulated  militia  being  neceflary  to  the  fecurity 
of  a  free  ftate,  the  right  of  the  people  to  keep  and  bear 
arms  fiiall  not  be  infringed. 

ARTICLE  V. 

No  foldier  ft.all  in  time  of  peace  be  quartered  in  any 
i'cufe,  withotu  the  confent  of  the  owner ;  nor  in  time  of 
■war,  but  in  a  manner  to  be  prefcribed  by  law. 

ARTICLE  VI. 

The  right  of  the  people  to  be  fecure  in  their  perfons, 
houfes,  papers  and  tffefts,  againft  unreafonable  fearche» 
and  feizores,  (hall  not  be  violated,  and  no  warrants  (halt 
ilTue,  but  upon  probable  caufe,  fupported  by  oath  or  af- 
firmation, and-^articularly  defcribing  the  place  to  be  fearcb- 
cd,  and  vac  pcrfons  or  things  to  be  feized. 

ARTICLE  VII. 

No  perfon  fhall  be  held  to  aafwer  for  a  capital,  or  otherwif« 
infamous  crime,  unlefs  on  a  piefentment  or  indiilment  of  a 
grand  jury)  except  in  cafes  arifing  in  the  land  or  naval  forces* 
or  in  the  militia,  when  in  aftaal  fervice,  in  time  of  war,  or  pub« 
lie  danger  :  Nor  fhall  any  perfon  ha  fubjeit  for  the  fame  of- 
fence  to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  fliall 
be  compeMed,  in  any  criminal  cafe,  to  be  witnefi  againft  him- 
felf ;  nor  be  depriv'cd  of  life,  liberty  or  property,  without  due 
procefs  of  law  :  Nor  (hall  private  propstt)'  be  taken  for  pub- 
lic ufe,  without  juft  compenfation.  Article 


Arr.indment}  to  the  ConJI'ttwtion  of  the  United  Statu.  283 


ARTICLE  VIII, 

In  all  Criminal  profecations,  the  accufed  fhall  enjoy  the 
light  to  a  fpcedy  and  public  trial,  by  an  impartial  jury  of  the 
ftaie  and  diftrift  whereii)  the  crime  (hall  have  been  coramit- 
ted  ;  which  diftrift  Ihall  have  been  previoufly  afcertained  by 
law  ;  and  to  be  informed  of  the  nature  and  caiife  of  the  ac- 
cufation  ;  to  be  confronted  with  the  witnefies  againft  hira  j 
to  have  compulfory  procefs  for  obtaining  witncffes  in  his  fa- 
vor ;  aad  to  have  the  afliftance  of  counfe!  for  his  defence, 

ARTICLE  IX. 

In  fuits  at  common  law,  where  the  value  in  controverf^ 
ftiil!  exceed  twenty  dollars,  the  right  of  trial  by  jury  (hall  be 
prefcrved  :  And  no  faft  tried  by  a  jury  (hall  be  otherwife  re- 
examined in  any  court  of  the  United  States,  than  according 
to  the  rules  of  common  law. 

ARTICLE  X. 

ExceiTive  bail  fhall  not  be  required  ;  nor  excedive  fines  irrv 
pofed  ;  noi  cruel  and  unufual  puniihments  inSided« 

ARTICLE  XL 
The  enumeration,  in  the  Conftiruiion,  of  certain  rigUts>, 
(hall  not  be  conltrued  to  deny  or  difparagc  others,  retained 
by  the  people, 

ARTICLE  XIL 

The  pov/ers  not  delegated  to  the  United  States  by  the  Con^ 
ftitution,  nor  prohibited  by  it  to  the  ftates,  are  referved  to  the 
ftates  refpeClively,  or  to  the  people, 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  cf  the  Houfe  of  Reprejentauuei^ 
JOHN  ADAMS, 

V'ue-Prtftdent  of  tht  Umled  Slates, 

ead  Pre/idem  of  the  Senate, 

.^iteft, 

JOHN  BECKLEY,  Clerk  of  the  HjufeofReprefentatlw. 
SAMUEL  A.  OTIS,  Stcretarj  of  the  Senate, 

Third 


284    ^tnendmtnU  to  the  Conjlitution  of  the  United  States: 


Third  Congrefs  of  the  United  States ^ 

At  the  fecond  feffion,  begun  and  held  at  the  city  of  Phila- 
delpliia.  in  the  flate  of  Pennfylvania,  on  Monday  ihe  2J 
of  December,  1793. 

RESOLVED,  hy  the  Senate  and  Houfe  of  Reprefenta- 
fives  of  the  United  States  of  j^mcriea,  in  Congrefs  affem- 
lled,  two-thirds  of  both  Houfes  concurring.  That  the  follow- 
ing Article  be  propofed  to  the  Legiflatures  of  the  feveral 
ftates,  as  an  Amendment  to  the  ConftitiUion  of  the  United 
States ;  which  when  ratified  by  thrte-fouriha  of  the  faid 
Legiflatures,  (hall  be  vilued  as  part  of  the  faid  Conftitution, 
viz. 

The  judicial  power  of  the  United  States  (hall  not  be  con- 
firued  to  extend  to  any  fuit  in  law  or  equity,  commenced 
or  profecutcd  againft.  one  of  the  United  States  by  citizens 
of  another  ftate,  or  by  citizens  or  fubjcAs  of  any  foreign 
Hate. 

FREDERICK  AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Houfe  of  Reprefentatives, 

JOHN  ADAMS, 

Vice  Prefident  of  the  United  Slates, 

and  Prejident  of  the  Senate. 

Atteft, 

JOHN  BECKLEY, 

Clerh  oj  the  Houfe  of  Reprefen!atives. 

SAM.  A.  OTIS, 

Secretary  of  the  Senate. 


Kote — By  the  returns  m  ide  into  the  Secretary  of  SUfe's 
oihce  it  appears,  thai  ihe  firft  article  of  the  above  amendments 
is  agreed  to  by  only  fcven  (tates — the  lecond  by  only  rour— 
and  therefore  theCc  are  not  obligatory.  Ail  the  remainder, 
having  been  raiifterj  by  nine  Itatcs  are  of  equal  obligation 
vrith  the  Cet'iftituEioii  itfeU. 

Cunllitution 


CONSTITUTION 

O  F   T  H  E 

STATE  OF  NEW-YORK. 


/n  CONVENTION, 
tf  the  Reprejtntativet  of  the  State  of  Neiu-Tork, 

K'lngUon,  zoth  Afril,  1777. 

WHEREAS  the  many  tyrannical  and  oppreffive 
ufarpations  of  the  king  and  .parliament  of  Great- 
B  icain,  on  the  rights  and  libertiea  of  the  people  of  the 
American  colonies,  had  reduced  them  to  the  neceffity  of  in- 
troducing a  government  by  congrcfles  and  comroittees,  ad 
temporary  expedients,  and  to  exift  no  longer  than  the  grie*- 
aflces  of  the  people  ftiould  remain  without  rcdrefs. 

yind  whereas  the  congrefs  of  the  colony  of  New-York, 
did,  on  the  thirty  firft  day  of  May,  now  laft  paft,  refolvc  as 
follows,  viz. 

"  IVhereas  the  prefent  government  of  this  colony,  \>j  con- 

grefs  and  committees,  was  inftituted  while  the  former  go»»- 
ernment  under  the  crown  of  (ireat-Britain,  exiiled  in  full 
force  ;  and  was  eflabliflicd  for  the  fole  purpofe  of  oppofing 
the  uUirpation  of  the  Britith  parliament  and  was  intended  to 
expire  on  a  reconciliation  with.  Great- Britain,  which  it  was 
then  apprehended  would  foon  take  place,  but  is  nowconfid" 
eicd  as  remote  and  uncertain. 

j4nd  whereas  many  and  great  inconveniences  attend  the 
faid  mode  of  government  by  congrefs  and  committees,  as  of 
Decefiity,  in  many  inftances,  legiflative,  judicial  and  execu- 
tive powers  have  been  veiled  therein,  efpecially  fince  the  dif- 

folutioa 


2S6  Conftitution  of  the  State  of  Netu-ll^orL 


folution  of  the  former  government,  by  the  abdication  of  the 
late  governor,  and  the  exchifion  of  this  colony  from  the  pro- 
teftion  of  the  king  of  Great-Britain. 

j^nd  ivlereas  the  continental  congrefs  did  refolv^  aai  fol« 
loweth,  to  wit, 

'  Whereas  fiis  Britannic  majtfty,  in  conjunflion  with  the 

*  lords  and  comrtinns  of  Great  Britain,  has,  by  a  late  aft  of 

*  parliament,  excluded  the  inhabitants  of  thefe  united  colo- 
'  nies  from  the  proteftion  of  iiis  crown.-— And  whereas  no 

*  aiifwers  whatever,  to  the  humble  petition  of  tlie  colonies  for 

*  tedrefs  of  grievances  and  reconciliation  with  Great  Bi  itain, 
'  lias  been,  or  is  likely  to  be  given,  but  tlie  whole  force  of 
'  that  kingdom,  aided  by  foreign  mi.rcenaries,  is  to  be  exert. 
"  ed  for  the  deftrudiion  of  the  good  people  of  thefe  colbnieSi 
'  —  And  whereas  it  appears  abfolutely  irreconcilable  to  rea* 

*  fbn  and  good  confciencc,  for  the  people  of  thefe  colonies^ 
'  now  to  take  the  oaths  and  affirmations  neceffjry  for  the 

*  fuppi  rt  of  any  government  under  the  crown  of  Great-Bri- 

*  tain  ;  and  it  is  neceffary  that  the  exercife  of  every  kind 
•authority  under  the  faid  crown,  (hould  be  totally  fuppreff- 
'  <d,  and  ail  the  povifcrs  of  government  exerted  under  the 

*  authority  of  the  people  of  the  colonies,  for  the  perfervation 

*  of  internal  peace,  virtue  and  good  order,  as  well  as  fer  the 
'  defence  of  our  lives,  liberties  and  properties,  againft  the 
'  hoftile  invafions  and  cruel  depredations  of  our  enemies. 

*  Therefore, 

*  Refolved,  That  it  be  re'rommended  to  the  refpeflive 

*  alTemblies  and  conventions  of  the  united  colonies,  where  no 

*  government  fufBcient  to  the  exigencies  of  their  affairs  has 
'  been  hitherto  eftabliihed,  to  adopt  fuch  government  as  fhall, 
'  in  the  opinion  of  the  reprefentatives  of  the  people,  beft 
'  conduce  to  the  happinefs  and  fafety  of  their  conilituents 
'  in  particular,  and  American  in  general.' 

And  w^^T^aj  doubts  have  arifen,  whether  this  congrefs 
are  invtfted  with  fufBcient  power  and  authority  to  deliberate 
and  determine  on  fo  important  a  fubjeft  as  the  necefTuy  of 
erecting  and.conftituting  a  new  form  of  government  and  in- 
ternal police,  to  the  exclufion  of  all  foreign  jurifdiftion,  do- 

miiiiori 


ConJI'ltuiion  of  the  State  of  Nevi  Torh. 


aiinion  and  centroul  whatever — Aiid  whereas  it  ap'^ertaint 
pf  right  folely  to  the  people  of  ih.s  colony  to  determine  the 
^aid  doubts;  Therefore, 

"  Refolwd,  That  it  be  recommended  to  the  eleflors  In 
the  fevfral  counties  in  this  colony,  by  eledlion  in  the  man- 
ner and  form  prefcribed  for  the  ekftion  of  the  prefent  con- 
grefs,  either  to  autliorifc  (in  addition  to  the  powers  veltej 
in  this  congrefs)  their  prefent  deputies,  or  others  in  the 
ftead  of  their  picfent  deputies,  or  either  of  them,  to  take 
into  confideration  the  neetffity  and  propiiety  of  ii'ltituting 
fuch  new  government  as  in  and  by  the  faid  refolutioo  of 
the  continental  congrtfs  is  dcfcibed  and  recommended  ; 
And  if  the  majority  of  ihe  counties,  by  their  deputies  in 
provincial  congrefs,  fhail  be  of  opinion  that  fuch  new  gov- 
ernment ought  to  be  iij(tituted  and  tftabliflied,  then  to  in- 
ftitule  and  eftablifn  fuch  a  government  as  they  fhall  deen 
belt  calculated  to  feeure  the  rights,  liberties  and  hsppinefs 
of  the  good  people-  of  this  colony  ;  and  to  continue  in  force 
until  a  future  peace  vyiih  Great-Biitain  (hall  render  the  fame 
Unneceffary.  And, 

"  Refolved,  That  the  fsid  elefti'ons  in  the  feveral  counties, 
ought  to  be  had  on  fuch  day,  and  fuch  place  or  places,  as 
by  the  committee  of  each  county  refpedively  fliail  be  de- 
termined.— And  it  is  recommeiided  to  tlie  faid  committees, 
to  fix  futh  early  clays  for  the  faid  elt(Sions,  as  that  all  the 
deputies  to  be  elcclcd  have  fufiicient  lime  to  repair  to  the 
city  of  New  York,  by  the  fecond  Monday  in  July  next  ;  on 
which  day  all  the  faid  deputies  ought  pufiCtually  to  give 
their  attendance. 

*•  /Ind  whereas  the  objeft  cf  the  aforegoing  refolutioos 
Is  of  the  utmoft  importance  to  the  good  people  of  this 
colony  ; 

"  Refohed,  That  it  be,  and  it  U  hereby  earneftly  re- 
commended to  the  committees,  freeholders,  and  other  elec- 
tors in  the  different  counties  in  this  colony,  dilii;ently  to 
tarry  the  fame  into  execution." 

uind  nvhereas  the  good  people  of  the  faid  colony,  in 

purfuancc 


S83         Conptut'ton  of  the  State  of  Ne<w-York, 


purfiiance  of  the  faid  refolution,  and  repofing  fpeclal  iruft 
and  confide/ice  in  the  members  of  this  convention,  have  ap^ 
pointed,  autborifed  and  empowered  thenn  for  the  purpofes, 
and  in  the  manner,  and  with  the  powers  in  and  by  the  faid 
refolve  fpccified,  declared  and  mentioned. 

/j'nd  ivherens  the  delegates  of  the  United  American  ftates^ 
]|i  general  congrefs  conventd,  did  on  the  fourth  day  of  July 
now  lad  pad,  folemnly  publifti  and  declare,  in  the  word$ 
following,  viz. 

*'  WHEN  in  the  courfe  of  human  events.  It  becomea 
neceflary  for  one  people  to  difiblve  the  political  bands  which 
have  connefted  them  with  another,  and  to  affume  among 
the  powers  of  the  earth,  the  feparaie  and  equal  (lation  to 
■which  the  laws  of  nature  and  of  nature's  God  entitle  them, 
a  decent  refpedl  to  the  opinions  of  mankind  requires  that 
they  (hould  declare  the  caufeo  which  impel  t)icm  to  the 
ftparation. 

•*  We  hold  thefe  truths  to  be  ftif  evident,  tfiat  all  mep 

are  created  equal  ;  that  they  arc  endowed  by  their  Creator, 
with  ceitain  unalienable  rights ;  that  among  thefe  are,  life^ 
liberty,  and  the  purfuit  of  happinefs. — That  to  fecure  thefe 
rights  governments  are  inllituted  among  men,  deriving  theip 
jull  powers  from  the  confent  of  the  governed  ;  that  when* 
ever  any  form  of  e;overnment  becomes  deftrudive  of  thefe 
ends,  it  is  the  right  of  the  people  to  alter  or  to  abolilh  ifc 
and  to  inftituie  new  government,  laying  its  foundation  on- 
fuch  principle*,  and  organizing  its  powers  in  fuch  form,  as 
to  them  (liall  feem  moft  likely  to  efi<.ft  their  fafety  and 
happiscfs.  Prudence  indeed  will  didtate,  that  governraentc 
long  edabliflied  fliould  not  be  changed  for  light  and  tran- 
fient  caure8,aiid  accordingly  all  experience  hath  (hewn,  that 
mankind  ate  more  difpofed  to  fuffl-r,  while  evils  are  fufFera- 
ble,  than  to  right  themfelves  by  aboli(hing  the  forms  to 
which  they  are  accullomed.  But  when  a  long  train  of 
abufes  and  pfurpations  purfuing  invariably  the  fame  object, 
evinces  a  defign  to  reduce  them  under  abfoi^te  defpoiifm, 
it  is  their  right,  it  is  thtir  duty,  to  throw  off  fuch  govern- 
ntnt,  and  to  piovide  new  guards  for  their  future  fecurity^ 

Such 


Con/lilution  of  the  State  of  New-Tori.  289 


Such  has  been  the  patient  fufierance  of  tnefc  colonies  ;  snd 
fuch  is  now  the  neceffity  which  conftrains  them  to  alter  their 
former  fyftem  nf  government.  The  hiftory  of  the  prefent 
king  of  Great-Britain  is  a  hiftory  of  repeated  ir  jiiries  and 
ufurpations,  all  having  in  direifl  object,  the  eflablifhmect 
of  an  abfolute  tyranny  over  thefe  ftates.  To  prove  this, 
let  fafls  be  fubmitted  to  a  candid  world. 

"  He  has  refufed  his  affcnt  to  laws,  the  moH  wholefomc 
and  neceffary  for  the  public  good. 

"  He  has  forbidden  his  governors  to  pafs  laws  of  im- 
mediate and  prefiing  importance,  unlefs  fufpended  in  their 
operation  till  his  afiVnt  (liould  be  obtained  j  and  when  fo 
fufpended,  he  has  utterly  neglefted  to  attend  to  them. 

"  He  has  refufed  to  pafs  other  laws  for  the  accommoda- 
tion of  large  diftrifts  of  people  unlefs  thofe  people  would 
xelinquilh  the  right  of  reprelentation  in  the  legiCature  ;  a 
fight  ineftimabls  to  then,  and  formidahle  to  tyrants  only. 

He  has  called  together  legiflativc  bodies  at  places 
unufual,  uncomfortable,  and  diftant  from  the  depofito'y  of 
their  public  records,  for  the  fole  purpofe  of  fatiguing  thecn 
into  compliance  with  his  meafurcs. 

*'  He  has  diffoived  reprefentative  houfes  repeatedly,  for 
oppofing  with  manly  firmnefs  his  invafioast}a  the  rights  of 
jhe  people. 

*'  He  has  refufed  for  a  long  time,  after  fuch  diffolutfuns, 
to  caufi  others  to  be  elefted  ;  whereby  the  legiflative 
powers,  incapable  of  annihilation,  have  returned  to  the  peo- 
ple at  large,  for  their  exercife  ;  the  ftate  remaining  in  the 
mean  time  espofed  to  all  the  dangers  of  iovation  from  with- 
out, a,nd  convultions  within. 

-  *'  He  has  endeavoured  to  prevent  the  population  of  thefe 
Aates  ;  for  that  purpofe  obtlrudiag  the  laws  for  naturaliza- 
tion  of  foreignsrs  ;  refufmg  to  pafs  others  to  encourage  their 
migrations  hither,  and  raifmg  the  coaditons  of  new  appro- 
priations  of  lands. 

"  He  has  obdruSed  the  adminiftratioa  of  juftice,  bv 
refufmg  his  alfent  to  laws  for  eftablifhing  judiciary  powers, 
A  a  «:  He 


290  ConjTilution  of  the  State  of  New-Tork. 

"  He  has  madejiidges  dependent  on  his  will  alone,  for  the 
tenure  of  their  offices,  and  the  amount  and  payment  of  their 
falaries. 

«'  He  has  erefted  a  multitude  of  new  ofBces,  and  fent 
hither  fivarms  of  ofBcers  to  harrafs  our  people,  and  cat  out 
their  fubftance. 

«'  He  has  kept  among  us,  in  times  of  peace,  (landing 
armies,  without  the  conftnt  of  our  legiflatures. 

«'  He  has  afFefted  to  render  the  military  independent  of, 

and  fuperior  to,  the  civil  power. 

*■  He  has  combined  with  others  to  fubjeft  us  to  a  jurlf» 
diftion  foie  gn  to  our  conftitutiori,  and  unacknowledged  by 
our  laws ;  giving  his  aiTent  to  their  afts  of  pretended 
legiflatiou. 

For  quartering  large  bodies  of  troops  among  us  : 

*'  For  proteflirrg  them,  by  a  mock  trial,  from  punifh- 
rnent  for  any  murders  which  they  (hoald  commit  on  the 
inhabitants  of  thefs  ftates  : 

"  For  cutting  off  our  trade  with  all  parts  of  the  world : 

*'  For  impofing  ta5;es  on  us  without  our  confent : 

*'  For  depriving  us  in  many  cafes,  of  the  benefits  of  trial 
by  jury  : 

"  For  tranfporting  us  beyond  feas  to  be  tried  for  pre- 
tended offences : 

"  For  abolifhing  the  free  fyftem  of  Englifh  laws  in  a 
neighbouring  province,  tftablifhing  therein  an  arbitrary  go- 
veriiment,  and  enlarging  its  boundaries,  fo  as  to  render  it 
at  once  an  example  an.;  fit  inltrumcnt  for  introducing  the 
fame  abfolute  rule  into  thefe  polonies :' 

"  For  takrnji  away  our  charters,  abolifliing  our  moft 
valuable  laws,  and  altering  fundamentally  the  forms  of  our 
governments  : 

*'  For  fufpendjng  our  own  legiflatures,  and  declaring 
themfelves  invefted  with  power  to  legiflatc  for  us  in  all  cafc» 
whatfoever, 

"  He 


CG»J}itutton  of  the  Staii  of  Nevj-Yorl,  39 1 


*'  He  has  abdicated  government  here,  by  declaring  U3 
out  of  his  protection,  and  waging  waragaiail  us. 

"  He  has  plundered  our  feas,  ravaged  our  coafts,  burnt 
our  towns,  and  deilroyed  tlic  lives  of  our  people. 

"  He  is,  at  this  time,  tranfporting  large  armies  of  for- 
eign mercenaries  to  complete  the  works  of  death,  defolatioa 
and  tyranny,  alieadv  begun  with  circutnftances  of  cruelty 
and  perfidy,  fcarcely  paralleled  in  the  rholl  barbarous  age^ 
and  totally  unworthy  the  head  of  a  civilized  nation. 

"  He  has  conftrained  our  fellow-citizens,  taken  captive 
on  the  high  feas,  to  bear  arms  againft  their  countrv,  to  be- 
come the  executioners  of  ihcir  friends  and  brethren,  or  to 
fall  themfelvts  by  their  hands. 

"  He  has  excited  doT.eftic  infurreflions  aTiongft  us,  and 
has  endeavored  10  bring  on  the  inhabitants  of  our  frontiers  the 
mercilefs  Indian  favages,  whofe  known  rnle  of  warfare  is  aa 
undiilinguilhed  delliu^tion  of  all  ages,  {exes  and  conditions. 

'  "  In  ever)'  ftage  of  thefe  oppreflions,  we  have  petitioned  for 
tedrefs  in  the  moil  humble  terms  :  oar  repeated  petitions  have 
been  anfweted  only  by  repeated  injury.  A  prince -whofe 
character  is  thus  marked  by  every  ad  which  may  define  a  ty- 
rant, b  undt  to  be  the  ruler  of  a  free  people. 

"  Nor  have  we  been  wanting  in  attentions  to  our  Briiifh 
bteihren.  We  have  war,,ed  them  from  tiine  to  time  of  at- 
tempts by  iheir  legilliiurc  co  execd  aa  ur.  Aartantable  jurif- 
diftion  over  us.  We  have  reminded  them  of  the  circumitan- 
ces  of  our  emigration  and  fettleraent  here.  We  have  appealed 
to  their  native  juftice  and  fnagnanimiiy,and  we  have  conjured 
them  by  the  ties  of  our  common  kindred,  to  difavow  liiefe 
u'urpaiions,  which  would  irevitubly  interrupt  our  connexion 
a  id  correfpcndei  ce.  They  too  have  been  deaf  to  the  voice 
€»;  j  jilice  and  of  confdnguinity.  We  mail  therefore  acquiefce 
in  tne  r.ectffity  which  denounces  our  feparaiion,  and  hold  them 
as  we  hold  the  reft  of  !na;ikind,  enemies  in  war  ;  in  peace 
friends. 

"  We,  therefore,  the  Reprefentatives  of  the  United  States 
of  Anietica,  in  Ge  ;erai  Congrefs  sfiembied,  appealing  to  the 
Suprcaie  judge  of  the  wotid,  for  the  reciuuds  of  our  inten- 
tions. 


ConJlUut'ton  of  the  State  of  Netu-Tork. 


lions,  do,  in  the  name,  and  by  the  authority  of  the  good  peo- 
ple oi  thefe  colonics,  folemnly  publilh  and  declare,  That  thefc 
united  colonies  are,  and  ot  right  ought  to  be,  FREE  AND 
INDEPENDENT  STATESjthat  they  are  abfolved  froni  all 
allegiance  to  the  Britifli  crown,  and  that  all  political  connex- 
ion between  them  and  the  ilate  of  Great-Britain,  is,  and  oughc 
to  be  totally  diffolved  ;  and  that  as  free  and  independent  ftaies, 
they  have  full  power  to  levy  war,  conclude  peace,  cjntraft 
alliances,  eftablifti  commerce,  and  to  do  all  other  ad\s  and 
things  which  independent  ftates  may  of  right  do.  .  And  for 
the  fupport  of  this  declaration,  with  a  firm  reliance  on  the 
protedion  of  divine  Providence,  we  mutually  pledge  to  each 
other,  our  lives,  out  fortunes  and  our  facied  honor." 

Arid 'whereas  this  convention  having  taken  this  declaration 
into  their  nioft  ferious  confideration,  did,  on  the  nii^thday  of 
July  iaib  part,  unanimoufly  refolve,  that  the  reafons  affigned  by 
the  continental  congrefs,  for  declaring  the  united  colonies  free 
and  iadependent  ltate«,  are  cogent  and  conclufive  :  And  that 
while  we  lament  the  cruel  /;eceffity  which  ha:  rendered  that 
tTieiifare  unavoidable,  we  approve  the  fame,  and  will,  at  ihe 
lifquc  of  our  lives  and  fortunes,  join  with  the  other  coloaica 
is  fupporting  it. 

By  virtue  of  which  feveraJ  afls,  declarations  and  proceed* 
ings,  mentioned  and  contained  in  the  afore-recited  refolvesot 
refoluticris  of  the  general  congrefs  of  the  Uiiited  American 
Asies,  and  of  the  congrelT3s  or  conventions  of  this  ftate,  all 
power  vvhstever  tlierein  haih  reverted  to  the  people  thereof, 
and  this  convei)tiou  hat!)  by  their  fuffrages  arid  fiee  choice  been 
aopuirJcd,  and  among  other  things  auchorifed  to  inflitute  and 
cltablifh  fuch  a  government,  as  they  Ihall  deem  beft  calculated 
to  ftcure  the  rights  and  liberties  of  the  good  people  of  this 
ftate,  mod  conducive  of  ihe  happii.efs  and  fafety  of  their  con- 
ilituents  io  particular,  and  ot  America  in  general. 

I.  This  convention,  therefore,  in  the  name  and  by  the  au 
thority  ot  the  good  people  of  this  ftate,  doth  ordain,  d 
TERMINE  AND  DECI-ARE,  That  no  authority  ftiall,  on  any 
pretence  whatever,  be  exerciied  over  the  people  or  members 
of  this  flaie,  but  fucb  as  diall  be  derived  from  and  granted  b/ 
:hem. 

II.  This  conveation  doth  fuither,  in  the  name  and  by  th 

authority 


Corfttut'ion  of  the  State  of  New-York.  293 

authority  of  the  good  people  of  this  ftatCi  ordam,  deter- 
mine  aid  declare,  Tnat  the  fupfetn;  legiilitive  power 
within  this  ftate,  (hall  be  vefted  in  two  feparate  and  diftitdl 
bodies  of  raen  ;  the  one  to  be  called,  the  Aflembly  of  the 
State  of  New- York  ;  the  other  to  be  called,  the  Senate  of  the 
Stat«  of  New- Y ork  ;  who  together  fhall  form  the  Legiflature, 
aod  meet  once  at  leaft  in  every  year  for  the  difpatch  of  bofineis, 

III,  And  'whereas  laws  inconCfteot  wiih  the  fpirit  of  this 
conftitution,  or  with  the  public  good,  may  be  hatlily  and  un- 
advifedly  psfled  :  Be  it  ordained.  That  the  ^o\znox  for  the 
time  beLng,  the  chancellor  and  the  judges  of  the  fupreme 
court,  or  any  two  of  them,  together  with  the  governor,  fhall 
be,  -and  hereby  are,  conftituted  a  council  to  revife  all  bills 
abo'Jt  to  be  palTed  into  laws  by  the  legiflature.  And  for  that 
pnrpofe  fhall  aflemble  themfelves,  from  time  to  lime,  when 
the  legiflature  (hall  be  convened  ;  for  which,  neverthekfs, 
they  (hall  not  receive  any  falary  or  confideracion  under  any 
pretence  whatever.  And  that  all  bills  which  have  pafTed  the 
ienate  and  afferobiy,  fhall,  before  ihey  become  laws,  be  pie- 
ftnted  to  the  faid  council  for  their  revifal  and  confideraiion  ; 
and  if  npon  fuch  revifion  and  cor.fideration,  it  fhould  appear 
improper  to  the  faid  council,  or  3  majority  of  them,  that  the 
faid  bill  (hould  becciae  a  law  of  this  ftate,  that  they  return 
the  fame,  together  with  their  objeftions  thereto,  in  writing, 
to  the  fenate,  or  houfe  of  aflembly,  in  whichfoever  the  fame 
fhall  have  originated,  who  (hall  enter  the  objeftions  fent  down 
by  the  council,  at  large,  in  iheir  minutes,  and  proceed  to  re- 
coofider  the  (aid  bill.  Bat  if  after  fuch  reconfidetation,  two- 
thirds  of  the  laid  fenate,  or  houfe  of  aflembly,  (hail,  notwith- 
Sanding  the  faid  objections,  agree  to  pafs  the  fame,  it  (hail, 
together  with  the  objeftions,  be  fent  to  the  other  branch  of 
the  legiflature,  where  it  (hall  be  alfo  re-covjfidered,  and  it'  ap- 
proved by  two-thirds  of  the  anen^rs  prefent,  fhall  be  a  law. 

And  in  order  to  prevent  any  unneceffary  delays. 

Be  it  further  ordaintJ,  That  if  any  bill  (hall  not  be  re- 
lorned  by  the  council,  within  ten  days  after  it  (hall  have 
b«en  prcfented,  the  fame  fhall  be  a  law,  unlefs  the  legifla- 
ture fhall,  by  their  adjournment,  render  a  return  of  the  faid 
bill  wilhio  ten  days,  impraiSicable  ;  in  which  cafe  the  biil 
Iball  be  returned  on  the  fir(\  day  of  the  meeting  of  the  le- 
giflature, after  the  expiration  of  the  faid  tea  davf. 

A  a  2  IV,  TJiat 


294 


ConJItution  of  the  State  ofNevi-Tork. 


IV.  That  the  afTembly  (liall  confift  of  at  leaft  fererity 
jTiembers,  to  be  annually  chofen  in  the  feveral  counties,  in 


the  proportions  following,  viz. 

For  the  city  and  county  of  New-York,  Nine 

l~he  city  and  county  of  Albany,  Ten, 

The  county  of  Dutthefs,  Seven. 

The  county  of  Weftchefter,  Six. 

The  county  of  Ulfter,  Six. 
The  county  of  Suffolk,                      ♦  Fiye. 

The  county  of  Queens,  Four. 

The  county  of  Orange,  Four. 

The  county  of  Kings,  Two. 

The  county  of  Richmond,  Two. 

The  county  of  Tryon,  Six. 

The  county  of  Charlotte,  Four. 

The  county  of  Cumberland,  Three. 

The  county  of  Gloucefter,  Two. 


V.  That  as  foon  after  the  expiration  of  feven  years,  fub- 
("iquent  to  the  termination  of  the  prefent  war,  as  may  be, 
a  cenfas  of  theeleflors  and  inhabitants  in  this  ftate  be  taken, 
under  the  diredion  of  the  legiflature.  And  if  on  fuch 
cenfus  it  fn;ill  appear,  that  the  number  of  reprefeniatives 
\n  afTembly  from  the  faid  counties,  is  not  juftly^  propor- 
(ioucd  to  the  number  of  eleiSors  in  the  faid  counties  refpedt- 
i  .'ely,  that  the  legidature  do  adjufl  and  apportion  the  fame 
by  that  rule.  And  furtlier,  that  once  in  every  feven  years, 
after  the  taking  of  the  faid  firft  cenfus,  a  jiill  account  of 
the  eleftors  refident  in  each  county  fliall  be  taken  ;  and  if 
.t  fliall  thereupon  appear,  that  the  number  of  eledors  in  any 
county,  fliall  have  incrtafed  or  diminifhtd  one  or  more  fe»- 
-  iitielh  parts  of  the  whole  number  of  tledors,  which  on  the 
!aid  firf^  cenfus  (hall  be  found  in  this  itate,  the  number  of 
)  tpiefeuta'.ives  for  fuch  county  (liall  be  incrcafed  or  dimin- 
iilied  accoruiugly,  that  is  to  fay,  one  reprcfcntative  for 
every  feventicih  part  as  aforcfaid. 

VI.  And  ivhercas  an  opinion  hath  long  prevailed  among 
diver.-,  of  the  good  people  of  this  (late,  that  voting  at  clec- 
lions  by  ballot,  would  tend  more  to  prefcrve  the  liberty  and 
*aual  freedom  of  the  people,  than  voting  viva  voce.  To 

*  the 


ConfiUut'ton  of  the  State  of  New-Tor k. 


the  end  therefore,  that  a  fair  experiment  be  made,  which  of 
thoi'e  two  methods  of  voting  is  to  be  preferred  ; 

Be  It  ordained,  That  as  foon  as  may  be,  after  the  termi- 
nation of  the  prefent  war,  between  the  United  S:ates  of 
America  and  Great  Britain,  an  aft  or  a^ts  be  pafTtd  by  the 
legiflature  of  this  ftate,  for  caufing  all  eleftions  thereafter 
to  be  held  in  this  ftate  for  fenators  and  rtprefcntatives  in 
alTcmbly,  to  be  by  ballot,  a  d  direfting  the  manner  in  which 
the  fame  fliall  be  condiifted.  yind  whereas  it  is  pofIible> 
that  alter  all  the  care  of  the  legiflature,  in  framing  the  faid 
aft  or  afts,  certain  inconveniences  and  mifchiefs,  unforefeea 
at  this  day,  may  be  found  lo  attend  the  faid  mode  of  elec< 
ting  by  ballot  : 

//  IS  further  ordained.  That  if  after  a  full  and  fair  expert" 
men:  ftia!l  be  made  of  voting  by  ballot  aforefaid,  the  fame 
lhall  be  found  Icfs  conducife  to  the  fafety  or  intereft  of  the^ 
ftate,  than  the  method  of  voting  viva  voce,  it  lhall  be  law- 
ful  and  conllitutioiial  for  the  legiflature  to  abolifh  the  fame  ; 
Provided  two  thirds  of  the  members  pielent  in  eacli  houfe 
rtfpeftively  (hall  coacur  thttein.  And  further,  that  dur- 
ing the  continuance  of  the  prefent  war,  and  until  the  le- 
giflature of  this  ftate  fliall  provide  for  the  eleftion  of  fena- 
tors and  reprefentativts  in  aflembiy  by  ballot,  the  faid  eUc- 
tions  ftiall  be  made  viva  voce. 

VII.  That  every  male  inhabitant  of  full  age,  who  fliall 
have  perfonally  refided  within  one  of  the  counties  of  this 
rtatc,  for  fix  months  immediately  preceding  the  day  of  elec- 
tion, fnall  at  fuch  eleftion,  be  entitled  to  vote  for  reprcfen- 
tatives  of  the  faid  county  in  aflembly  ;  if  during  the  time 
aforefaid,  he  fliall  have  be^n  a  freeholder,  poffcning  a  free- 
hold of  the  value  of  twenty  pounds,  within  the  faid  county, 
or  have  rented  a  tenement  therein  of  the  yearly  value  of 
forty  fliillings,  and  been  rated  and  aftuaily  paid  taxes  to 
this  ftate  :  Provided  always,  That  every  perfon  who  now 
is  a  freeman  of  the  city  of  Albany,  or  who  v-as  made  a  free- 
man of  the  city  of  New- York,  on  or  before  the  fourteenth 
day  of  Oftobcv,  in  the  year  of  our  Lord  one  ihoufand  fev- 
en  hundred  and  fcventy  fivc,  and  fliall  be  aftuaily  and  ufu- 
.,ally  rcfident  in  the  faid  cities  refpeftively,  fhail  be  entitletj 

to 


296  ConJiUution  of  the  State  of  New-Tori, 


to  vote  for  reprefcntativcs  in  affcnably  within  his  faid  place 
of  rtfuience. 

VIII.  That  every  ele£tor,  before  he  is  admitted  to  vote, 
flial),  if  required  by  the  returning  officer  or  either  of  the 
inrpeftors,  take  an  oath,  or  if  of  the  people  called  quakers, 
an  aflirmation,  of  allegiance  to  the  flate. 

IX.  That  the  affetnbly  thus  conftltuted,  fhall  chufe  their 
own  fpeaker,  be  judges  of  their  own  members,  and  enjoy 
the  fame  privileges,  and  proceed  in  doing  bufinefs,  in  like 
manner  as  the  aflemblits  of  the  colony  of  New-York  of 
right  formerly  did  ;  and  that  a  majoiity  of  the  faid  mem- 
bers,  fhall,  from  time  to  time,  conftitutc  a  houfe  to  proceed 
upon  bufinefs. 

X.  And  this  convention  doth  further,  in  the  name,  and 
by  the  authority  of  the  good  people  of  this  (late,  ordain, 
determine  and  declare,  That  the  fcnate  of  the  ftale  of  New- 
York,  (hall  ccniift  of  twenty  foui  freeholders,  to  be  chofen 
out  of  the  body  of  the  freeholdcrf,  and  that  they  be  chofen 
by  the  freeholders  of  this  ftate,  poiTcfled  of  fieeholds  of  the 
value  of  one  hundred  pounds,  over  and  above  all  debts  charg- 
ed thereon. 

XI.  That  the  members  of  the  fenate  be  elefted  for  four 
years,  and  immediately  after  the  firft  eleftion,  they  be  divid- 
ed by  lot  into  four  claffes,  fix  in  each  clafs,  and  numbered, 
one,  two,  three,  and  four ;  that  the  feats  of  the  members  of 
the  firft  clafs  fhall  be  vacated  at  the  expiration  of  the  firft 
year,  the  fccond  clafs  the  fecond  year,  and  fo  on  continual- 
ly, to  the  end  that  the  fourth  part  of  the  fer.ate,  as  neaily 
as  poffible  may  be  annually  cliofen. 

XII.  That  the  eleflion  of  fcnators  fhall  be  after  this  matv 
Jier  ;  that  fo  much  of  this  ftate  as  is  now  parcelled  into 
counties  be  divided  into  four  great  diftrifts  ;  the  Southern 
diltrift  to  comprehend  the  city  and  county  of  New  York, 
Suffolk,  Weftcheller,  .Kings,  Queens,  and  Richmond 
counties  ;  the  middle  dilltift  to  comprehend  the  counties  of 
Dutchefs,  Uliler,  and  Oiange  ;  the  Weftern  dillrid  the  cUy 
and  county  of  Albany,  and  Tryon  county  ;  and  the  Eaftern 
dlflridl,  the  couiitieb  of  Charlotte,  Cumberland  and  Gloucef- 
ttr.  That  the  fccators  (hall  be  ckfled  by  the  freeholders  of 


Conplution  of  the  State  of  New-Tort.  spf 


tlie  faid  difttlfts,  qualified  as  aforefaid,  in  the  proportions 
following,  to  wit  ;  in  the  Southern  dillridl,  nine  ;  in  the 
iTiiddle  diftrift,  fix  ;  in  the  wcftern  diftii(fk,  fix  ;  and  in  thef 
eaftern  dillrid,  three.  /Ind  be  it  ordained.  That  a  ceiifua 
ftiall  be  taken  as  foon  as  may  be,  after  the  expiration  of  fev- 
cn  years  from  the  termination  of  the  prefent  war,  under  the 
dirctlion  of  the  legiflature  :  And  if  on  fuch  cenfus  it  fhall 
appear,  that  the  number  of  fenatora  is  not  juftly  proportion- 
ed to  the  feveral  diitrifts,  that  the  legiflature  adjuft  ihe  pro- 
portion as  near  as  may  be,  to  the  number  of  freeholders 
qualified  as  aforefaid,  in  each  dilbid^.  That  when  tlie  nura« 
ber  of  elcdtors  within  any  of  the  faid  dil\ri£ts  fhall  have  €n- 
creafed  one  twenty-fourth  •  part  of  the  whole  number  of 
cleflors  which  by  the  faid  cenfus  ftia'.l  be  found  to  be  ia 
this  ftate,  an  additional  fenator  fhall  be  chofen  by  the  ek-ft- 
orsof  fuch  diflrifl.  That  a  majority  of  the  number  of  fen- 
ators  to  be  chofen  as  aforefaid,  fhall  be  neceff.iry  to  con- 
flitute  a  fenate,  fufFicitnt  to  proceed  upon  bulinefs,  and 
that  the  fenate  fhall,  in  like  manner  with  the  aflembly,  be 
the  judges  of  its  own  members.  /Ind  be  it  ordained,  That 
it  fhall  be  in  the  power  of  the  futuic  legiflaturcs  of  this 
ftate,  for  the  convenience  and  advantage  of  the  good  people 
thereof,  to  divide  the  fame  into  fuch  fuither  and  other  coun- 
ties and  dirtridts,  as  fhall  to  them  appear  ncjcffary. 

XIII.  And  this  convention  doth  further,  in  the  name, 
and  by  the  authority  of  the  good  people  of  this  Hate,  ordtiin., 
determine  and  declare^  That  no  member  of  this  flatc  fhall  be 
disfranchiftd,  or  deprived  of  any  of  the  rights  or  privileges 
fecur,;d  to  the  fubjedis  of  this  (late,  by  this  conftitution,  uii. 
Icfs  by  the  lav?  of  the  land,  or  the  judgment  of  his  peers. 

XIV.  That  neither  the  allVmbly  or  the  fenate  (liall  hava 
power  to  adjourn  themfelves  for  any  longer  time  than  two 
days,  without  the  mutual  confcnt  of  both. 

XV.  That  whenever  the  aflferably  and  fenate  difagree, 
a  conference  fhall  be  held  in  the  prefer.ce  of  both,  and  be 
managed  by  committees  to  be  by  ihem  refpeftively  clvofen 
by  ballot.  That  the  doors,  both  of  the  fenate  and  affcmbly, 
fhal!  at  all  times  be  kept  open  to  all  perfons,  except  when 
the  welfare  of  the  ftate  fhall  reqi^ire  thsir  debates  to  be  kept 

fccrit. 


Conjlitutior,  of  the  Stale  of  New-Toi  L 


fecret.  And  the  journals  of  all  their  proceedings  (hall  hi 
kept  in  the  manner  heretofore  acciiftomcd  by  the  general 
afftmbly  of  the  colony  of  New- York,  and,  except  fuch  parts 
as  they  fliall  as  afortfaid  refpcflivtly  determine  not  to  make 
public,  be  from  day  to  day  (if  the  bufincfs  of  the  legiflaturc 
will  permit)  piibliditd. 

XVI.  It  is  ncverthelefs  provided,  that  the  numbrr  of  fena- 
tors  (hall  never  exceed  one  hundred,  nor  the  number  of  the 
affembly  three  hundrtd  ;  but  that  whenever  the  number  of 
fcnators  (hall  amount  to  one  hundred,  or  of  the  affembly  to 
three  hundred,  then  and  In  fuch  cafe  the  legiflature  (hall  frotil 
time  to  time  hereafter,  by  laws  for  that  purpofe,  apportion  and 
diftribute  the  faid  one  hundred  fenators,  and  three  hundred 
reprefentatives,  among  the  gr^at  diftrids,  and  counties  of 
this  (tatc,  in  proportion  to  the  number  of  their  refpeftive 
eledors,  fo  that  the  reprefentation  of  the  good  ptople  of  thfs 
flate,  both  in  the  fcnate  and  a(fembly,  (hall  for  ever  re« 
main  proportionate  and  adequate. 

XVII.  And  this  convention  dcth  further,  iu  the  name 
and  by  the  authority  of  the  good  people  of  this  llate,  ordain, 
determine  and  declare.  That  the  fuprcme  executive  power  and 
authority  of  this  (late,  (hall  be  veiled  in  a  governor  ;  and 
that  ftatedly  once  in  every  th  ee  years,  and  as  often  as  the 
feat  of  government  (hall  become  vacant,  a  wife  and  difcreet 
freeholder  of  this  ftate  (hiili  be  by  ballot  elefled  governor, 
by  the  freeholders  of  this  (late,  qualified  as  before  dtfcribed 
to  eleft  fenators  ;  which  ekdtions  (hall  be  always  held  at 
the  times  and  places  of  choofiiig  reprefentatives  in  afltmbly 
for  each  refpefkive  county  ;  and  tliat  the  perfon  who  hatli 
the  greateft  number  of  votes  v/ithin  the:faid  Hale,  (hall  be  the 
governor  thereof. 

XVIII.  That  the  governor  (hall  continue  in  office  three 
years,  and  (liall,  by  virtue  of  his  office,  be  general  and  com- 
mander in  chief  of  all  the  militia,  and  admiral  of  the  navy 
of  this  ftate  ;  that  he,  (hall  have  power  to  convene  the  affem- 
bly and  fenate  on  extraordinary  oc  afions,  to  prorogue  them 
from  time  to  time,  provided  fuch  prorogations  (hall  not  ex- 
ceed fixty  days  in  the  fpace  of  any  one  year  ;  and  at  his 
difcreiion  to  grant  reprieves  and  p^ardons  to  ptrfons  convidl- 


Conflitution  oj  the  Stale  of  Ntw-Tork.  2C)g 


sA  of  crimes,  other  than  treafon  or  murder,  in  which  he 
Biay  fufpend  tlie  execution  of  the  fentence,  until  it  (liallbe 
reported  to  the  legiflature  at  their  fubfequent  meeting; 
Slid  they  (hall  either  pardon  or  diredl  the  execution  of  the 
criminal,  or  grant  a  further  reprieve. 

XIX.  That  it  (hall  be  the  duty  of  the  governor  to  inform 
the  legiflature  at  every  fefiions,  of  the  condition  of  the  ftate, 
fo  far  as  may  refpeiS  hid  departoient ;  to  recommend  fuoh 
matters  to  their  conflderation  33  fliall  appear  to  him  to  con- 
cern  its  good  government,  welfare  and  profperity  ;  to  cor- 
refpood  with  the  continental  congrefs,  and  other  dates  ; 
to  tranfaft  all  neceffary  bufinefs  with  the  officers  of  govern- 
ment, civil  and  military  ;  to  take  care  that  the  laws  pre 
faithfully  executed  to  the  beft  of  bis  ability  ;  and  to  .expe- 
dite all  fuch  meafm'cs  as  may  be  refolyed  upon  by  the  legiH^* 
ture. 

XX.  That  a  lieutenant  governor  fliall,  at  every  eleftion 
of  a  governor,  and  as  often  as  the  lieutenant-governor  (hafl 
die,  refign,  or  be  removed  from  office,  be  eleftcd  in  the  fame 
manner  with  the  governor,  to  continue  in  office,  until  the 
next  election  of  a  governor  ;  and  fuch  lieutenant-governor 
fliall,  by  virtue  of  his  office,  be  prefident  of  the  f.  nate,  and, 
upon  an  equal  divifion,  have  a  calling  voice  ia  their  deci- 
fions,  but  not  vote  on  any  other  occafion. 

And  in  cafeof  ihe  impeachment  of  the  governor,  or  his 
removal  from  office,  death,  refigiiation,  or  aiifence  frim  the 
ftate,  the  lieutL-nant-goveroor  ihall  exercife  all  the  povser 
and  authority  appertaining  to  the  office  of  governor,  until 
another  be  cholen,  or  the  governor  abfent  or  impeached, 
fliall  return,  or  be  acquitted.  Provided,  That  where  the 
governor  (hall,  with  the  conlent  of  the  legiflaciue,  b^  out 
of  the  ftate,  in  time  of  war,  at  the  head  of  a  military  force 
thereof,  he  (hall  ftill  continue  in  his  command  of  all  the  miU 
itary  fores  of  this  ilate,  bodi  by  fea  and  land. 

XXI.  That  whenever  the  government  (hall  be  adminifter- 
ed  by  the  lieutenant-governor,  or  he  .Tiall  be  unable  to  at- 
tend as  prefident  of  the  I'enate,  the  fenators  fliall  have  power 
to  ekft  one  of  their  own  members  to  the  office  of  preGdeflt 
pf  the  fenate,  which  he  (hall  excife  pro  h.ic  vice  :  And  if, 

during 


3 GQ  ConOitution  of  the  fState  of  New  ■  Tori^ 


during  Tiich  vacnncy  of  the  office  of  governor,  the  li'enten- 
ant  govtrnor  fliall  be  impeached,  difplaced,  refign,  die,  or 
be  ;ibfcnt  fiom  the  the  ftatr,  the  prtfident  of  the  fenate  fhall, 
jn  like  manner  as  the  lieuttnant  gnye rnor,  adminifler  the 
government,  until  otbeis  (hall  bt  elrdtd  by  the  fuffrage  of 
the  people  at  the  fuccetdlng  cledlion. 

XXII.  And  this  convention  doih  further,  in  the  name 
and  by  the  aijihoriiy  of  the  good  people  of  this  Hate,  ordalnt 
determine  and  dec/a- e,  That  the  treafiirerof  this  date  fliall  be 
appointed  by  .ad^  of  the  legiflature,  to  originate  with  the  af. 
fembly  :  Piovided,  That  he  fhall  not  be  elefted  out  of  either, 
J)ranch  of  the  Icgiflature. 

XXIII.  That  all  ofEcers,  other  than  thofe  who  by  this 
conditution  sre  direfted  to  be  otherwife  appointed,  fhall  be 
appointed  in  the  mannei  following,  to  wit  ;  The  affembly 
fliall  once  in  every  year,  openly  nominate  and  appoint  one 
of  the  fenacors  from  each  great  diftridt  which  fenatovs  (hall 
form  a  council  for  the  appointment  of  the  faid  officers,  of 
which  the  governor  for  the  time  being,  or  the  lieutenant- 
governor,  or  the  prefident  of  the  fcaate,  when  they  fliall  re- 
fprdtively  adminifter  the  government,  fhall  be  prefident,  and 
Iiave  a  calling  voice,  but  no  other  vote  ;  and  with  the  ad- 
vice and  confesit  of  the  faid  council,  fhall  appoitit  |al!  the  faid 
officers  ;  and  that  a  majority  of  the  faid  council  be  a  quo- 
rum. And  further,  the  laid  fenators  (hall  not  be  ettgible  tQ 
the  faid  council  for  two  years  fuccefuvely. 

XXIV.  That  all  military  officers  be  appointed  during 
pleafure  ;  that  all  coramiffioued  officers,  civil  and  military,  be 
commiffioned  by  the  governor,  and  that  the  chancellor,  the 
judges  of  the  fupreme  court,  and  (it  ft  judge  of  the  county 
court  in  evciy  county,  hold  thtir  offices  during  good  beha- 
vior, or  until  they  (hiill  have  rcfpeftively  attained  the  age  of 
fixty  years. 

XXV.  That  the  chanccllir  and  judges' of  the  fupreme 
court  (hall  not  at  the  fame  timt' hold  any  other  office,  ex- 
cepting that  of  delegate  to  the  general  congrefs,  upon  fpccial 
occafions  ;  and  that  the  firfl  judges  of  the  county  courts  in 
the  feveral  counties,  fliall  not  at  the  fame  time  hold  any  other 
office  excepting  that  of  fer.|tor,  or  delegate  to  the  general 

congrefs  i 


Conftitutlon  of  the  State  of  New-  Tori.  30 1 


congrefs ;  But  If  the  chancellor,  or  either  of  the  faid  judges 
be  eleded  or  appointed  to  any  other  office,  excepting  as  is 
before  excepted,  it  fhall  be  at  his  option  in  which  to  ferve. 

XXVI.  That  (herifFi  and  coroners  be  annually  appoint- 
ed ;  and  that  no  pcrfon  fhall  be  capable  of  holding  either  of 
the  faid  offices  more  than  four  years  fucceffivcly,  nor  the 
fheriff  of  holding  any  other  office  at  the  fame  time. 

XXVII.  /^nd  be  it  further  ordained,  That  the  regifter  and 
clerks  in  chancery  be  appointed  by  the  chancellor  ;  the 
clerks  of  the  fuprcme  court  by  the  judges  of  the  faicf  court  ; 
the  clerk  of  the  court  of  probates,  by  the  judge  of  the  faid 
court  ;  and  the  regiiler  and  maifhal  of  the  court  of  admiral- 
ty by  the  judge  of  the  admiralty, — The  faid  marfha!,  re- 
gifters  and  clerks,  to  continue  in  office  during  the  pleafure 
©f  thofe  by  whom  they  are  to  be  appointed,  as  aforefaid. 

And  all  attornies,  follcitors  and  counTellors  at  law,  hereaf- 
ter to  be  appo'nted,be  appointed  by  the  court,  and  liccnf- 
ed  by  the  firft  judge  of  the  court  in  which  they  (hall  refpec- 
tively  plead  or  praftice  ;  and  bercgulattd  by  the  ruks  and 
orders  of  the  faid  courts. 

XXVIII.  y^nd  beit  further  ordained,  That  where  by  this 
conftitntion  the  duration  of  any  office  fhall  not  be  afcei  tain- 
ed,  fuch  office  fliall  be  conftrued  to  be  heid  during  the  plea- 
fare  of  the  council  of  appointment  :  Provided,  that  new 
commiffions  (hall  be  iffued  to  judge?  of  the  county  courts 
(other  than  to  the  (irft  judge)  nnd  to  juftices  of  the  peace, 
once  at  lead  in  every  three  years. 

XXfX.  That  town  clerks,  fupervifors,  aflTefTors,  confta- 
bles  and  coUe 'lors,  and  all  other  officers  heretofore  eligible 
by  the  people,  fhall  always  continue  to  be  fo  eligible,  in  the 
manner  direfted  by  the  prefent  or  future  afts  of  Itgiflature. 

That  loan  officers,  county  treafurere,  and  clerks  of  the  fu- 
pervifors, continue  to  be  appointed  in  the  manner  diredled 
by  the  prefent  or  future  a£ts  of  legiflature. 

XXX.  That  delegates  to  reprefent  this  (late,  in  the  gen- 
eral congrefs  of  the  United  States  of  America,  be  annually 
appointsd  as  follows,  to  wit ;  The  fenate  and  affembly  fhaU 
B  b  'each 


Confutut'ton  of  the  State  of  New-Tork, 


each  openly  nominate  as  many  perfons  as  (hall  be  equal  to 
the  whole  mirnber  of  delegates  to  be  appoipted  ;  after 
which  nomination,  they  (hall  meet  together,  and  thofe  per- 
fons named  in  both  lifts  fhall  be  delegate*  ;  and  out  of  thofe 
perfons  whofe  names  are  not  on  both  lifts,  one  half  (hall  be 
(chofen  by  the  joint  ballot  of  the  fenators  and  members  of  af- 
ferobly,  fo  met  together  as  aforefaid. 

XXXI.  That  the  ftyle  of  all  laws  (hall  be  as  follows,  to 
wit ;  Be  it  enafted  by  the  people  of  the  (late  of  New-York, 
reprefented  in  fenate  and  affembly.  And  that  all  writs  and 
other  ptoceedings  (hall  run  in  the  name  of  the  people  of  the 
ilate  of  New- York,  and  be  tefted  in  the  name  of  the  chan- 
cellor or  chief  judge  of  the  court  from  whence  they  (halj 
jffue. 

XXXII.  And  this  convention  doth  further,  in  the  name 
and  by  the  authority  of  the  good  people  of  this  Qate,  ordain, 
determine  and  declare,  That  a  court  (hall  be  ioAituied  for  the 
trial  of  impeachments,  and  the  correftion  of  errors,  under  the 
rsgulations  which  (hall  be  eftablifhed  by  the  legiflature  ;  and 
to  confift  of  the  prefident  of  the  fcnale  for  the  time  being, 
and  the  fenators,  chancellor  and  judges  of  the  fuprcme  court, 
or  the  major  patt  of  them  ;  except  that  when  an  impeach- 
ment fliall  be  profecuted  againft  the  chancellor,  or  either  of 
the  judges  of  the  fupreme  court,  the  perfon  fo  impeached 
{hall  be  fufpended  from  exercifing  his  office  until  his  acquit? 
tal  :  And  in  like  manner,  when  an  appeal  from  a  decree  in 
equity  fliall  be  heard,  the  chancellor  (hall  inform  the  court 
of  the  reafons  of  his  decree,  but  (hall  not  have  a  voice  in 
the  final  fenter.ce.  And  if  the  caufe  to  be  determined  (hall 
he  brou;.;ht  up  by  writ  of  error  on  a  queftion  of  law,  on  <^ 
judgment  in  the  fupreme  court,  the  judges  of  the  court 
(halTafiign  the  reafons  of  fuch  their  judgment,  but  (hall  not 
have  a  voice  for  its  affirmance  or  reverfal. 

XXX I II.  That  the  power  of  impeaching  all  officers  of 
the  (late,  for  mal  and  corrupt  conduft  in  their  refpedlivc  of- 
fices, be  veiled  in  the  rcprefentatives  of  the  people  in  affem- 
bly ;  but  that  it  (hall  always  be  neceffary  that  two  third 
parts  of  the  members  prefent  fhall  confent  to  and  agree  ia 
luch  impeachment.    That  previous  to  the  trial  of  every  im. 


Ccit/lUuiion  of  the  Slate  of  New-  Tori .  j  o  J 


peachraent,  the  members  of  the  faid  court  (hall  refpe£lively 
be  fwortit  truly  and  impartially  to  try  and  determine  the 
charge  in  qiicilion,  according  to  evidence  ;  and  that  no  judg- 
ment of  the  faid  court  lhail  be  vaiid,  unlefs  it  (hall  be  aficnc- 
ed  to  by  two  third  parts  of  the  merribers  then  prefent  ;  nor 
fiiail  it  extend  farther  than  to  removal  from  office,  and  dif* 
qualification  to  hold  or  enjoy  any  p]<ice  of  honor,  truft  or 
profit,  under  this  ftate.  But  the  party  fo  convicted,  (hall  be, 
neverthelefs, liable  and  ftibjeflto  indiiftment,  trial,  judgment 
and  punifhment,  according  to  the  laws  of  iht  land. 

XXXIV.  And  It  is  further  ordained.  That  in  every  trial  oh 
impeachment  or  indictment  for  crimes  or  mifdemeanors,  the 
party  impeached  or  indi<5ted,  fliall  be  allowed  couniel,  as  ia 
civil  aftior.g. 

XXXV.  And  this  convention  doth  further,  in  the  name 
find  by  the  aothority  of  the  good  people  of  this  ftate,  or- 
tdairi)  determine  and  declare.  That  fuch  parts  of  the  commoa 
law  of  England,  and  of  the  ftatute  law  of  Etigland  and. 
Great- Britain,  and  of  the  afks  of  the  Icgiflatuic  of  the  colo- 
ny of  New- York,  as  together  did  form  the  law  of  the  faid 
colony  on  the  nineteenth  day  of  April,  in  the  year  of  out 
Lord  owe  thoufand  feven  hundred  and  feventy-five,  fliall  be 
and  continue  the  law  of  this  ftate  ;  fiihjeft  to  fuch  alterations 
and  provifions  as  the  legiflature  of  this  ftate  fhall,  from  time 
to  lime,  make  concerning  the  fame.  That  fuch  of  the  faid 
afts  as  are  temporary,  (hall  expire  at  the  times  limited  fot 
their  duration  refpeftively.  That  all  fuch  parts  of  the  faid 
common  law,  and  all  fuch  of  the  faid  ftatutcs,  and  ails  a- 
forefaid,  or  parts  thereof,  as  may  be  conftrued  to  eftablifk 
or  maintain  any  particular  denomination  of  Chriftians,  or 
their  niinifters,  or  concern  the  allegiance  heretofore  yielded 
tOj  and  the  fupremacy,  fovereignty,  government  or  prero- 
gatives, claimed  or  exercifed  by  the  king  of  Great- Britaia 
and  his  predecelTors,  over  the  colony  of  New-York  and  ita 
inhabitants,  or  are  repugar.t  to  this  cooftitution,  be,  and 
they  hereby  are  abrogated  and  rcjeSed.  And  this  coven- 
tion  doth  further  ordain,  that  the  tefolves  or  refolutions  of 
the  congreffes  of  the  colony  of  New- York,  and  of  the  eoa- 
veation  of  the  ftate  of  New-York,  now  in  force,  and  not 

repu_?r>ant 


3©!  Conft'Hution  of  the  State  of  New-Tori. 


repugnant  to  the  government  eftablKhed  by  this  conftitu- 
tion,  (hall  be  confidereil  as  making  part  of  the  laws  of  this 
ftate  ;  fubjeft,  ntverthclefs,  to  fuch  alterations  and  provi- 
fions,  as  the  legiflatureof  this  ftate  may  from  time  ta  time 
make,  concerning  ihe  fame. 

XXXVI.  j4nJ  be  it  further  ordained.  That  all  grants  of 
land  within  this  flite,  made  by  the  king  of  Great  Britain, 
or  perfons  afting  under  his  authority,  after  the  fourteenth 
day  of  Oftober,  one  thoufand  feven  hundred  and  feventy- 
five,  (hall  be  null  and  void  :  But  that  nothing  in  this 
conftitution  contained  (hall  be  conftrucd  to  affeft  any  grants 
of  land  within  this  ftate,  made  by  the  authority  of  the  (aid 
king  or  his  predecefTors,  or  to  annul  any  chaiters  to  bodies 
politic,  by  him  or  them,  or  any  of  them,  made  prior  to  that 
day.  And  that  none  of  the  faid  charters  ftiall  be  adjudged 
to  be  void  by  rtafon  of  any  non-ufer  or  mif  ufer  of  any  of 
their  refpedlive  righisor  privileges,  between  tiie  nineteenth 
day  of  April,  In  the  year  of  our  Lord  one  thoufand  feven 
hundred  and  feventy-five,  and  the  publication  of  this  con- 
ftitution And  further.  That  all  fuch  of  the  ofiictrs  defcrib- 
ed  in  the  faid  charters  refptcSively,  as  by  the  terms  of  the 
faid  charters,  were  to  be  appointed  by  the  governor  of  the 
colony  of  New-York,  with  or  without  the  advice  and  con- 
fent  of  the  council  of  the  faid  king,  in  the  faid  colony,  fhall 
hcncefoith  be  appointed  by  the  council  eftablifhcd  by  this 
conftitution,  for  the  appointn-.ent  of  officers  in  this  ftate, 
until  otherwife  directed  by  the  legiflature.- 

XXXVII.  ^nd  wAfrfflj  it  is  of  great  importance  to  the 
fafety  of  this  ftate,  that  peace  and  amity  with  the  Indiana 
within  the  fame,  be  at  all  times  fupported  and  maintained. 
yind  tuhereas  the  frauds  too  often  praflifed  towards  the  faid 
Indians,  in  contrafts  made  for  their  lands,  have  in  divers 
inftances  been  produdlive  of  dangerous  difcontenls  and 
animofities  ;  he  it  erdaiued.  That  no  purchafes  or  qontraiSs 
for  the  fale  of  lands,  made  fince  the  fourteenth  day  of  Odlo- 
ber,  ill  the  year  of  our  Lord  one  thoufand  feven  hundred  and 
feventy-five,  or  which  may  hereafter  be  made  with  or  of  the 
faid  Indians,  within  the  limits  of  this  ftate,  ftiall  be  binding 
on  the  faid  Indians,  or  deemed  valid,  unlcfs  made  under 

the 


CanfitlulioH  of  the  Slate  of  NewTorl^ 


tlie  auihoritf,  and  with  the  confent  of  the  legiflature  of  thia 
ftate. 

XXXVIII.  Jnd  ivhirea:  we  are  req-.Iied  by  the  be- 
uevoliiit  principles  of  rational  liberty,  n.it  only  to  expel 
civil  tyranny,  but  alfo  to  guard  againft  that  fpiritual  op- 
prefSon  and  intolerance,  wherewith  the  bigotry  and  ambi- 
tion of  weak  and  wicked  priefts  and  princes  have  tcourgcd 
mankind  ;  This  convention  doth  further,  in  the  name  and 
by  the  authority  of  the  good  people  of  this  ftate,  ordain^ 
drtermine  and dechre.  That  the  free  txercife  and  enjoyaient 
of  religioui  prof-fiion  and  worfhip,  without  dikrimination 
or  preference,  (hall  for  ever  hereafter  be  allowed  within  this 
ftate  to  all.nankind.  Provided,  That  the  liberty  of  con- 
fcieice  hereby  granted,  fliall  not  be  to  conftrued,  ns  to  exr 
cufe  acts  of  licentioufnefs,  or  juftity  practices  iuconliftenc 
with  the  peace  or  faiety  of  this  ftate. 

XXXIX.  And  whereas  the  minifters  of  the  gol'pel  are, 
by  thr'r  priifefllon,  dedicated  to  the  fervice  of  (jod  and  the 
cure  of  fouls,  and  on;jht  not  to  be  diverted  from  the  great 
dui  ies  of  their  funftion  ;  therefore  no  minifter  of  the  gofpe!, 
or  preft  of  any  denomination  whstfoeTcr,  fhallat  any  time 
hereafter,  under  any  pretence  or  dcfcription  whatever,  be 
eligible  to,  or  capable  of  holding  any  civil  or  military  office 
or  place,  within  tliis  ftate. 

XL.  And  ••juhireat  it  is  of  the  utmoft  importance  to  the 
fafe'.y  of  every  ftate,  that  it  (hould  always  be  in  a  condition 
of  dc'ence  ;  and 'it  is  \"he  duty  of  every  man  who  enjoys  the 
proteftion  of  fociety,  to  be  prepared  and  willing  to  defend 
it :  This  convention  therefore,  in  the  name  and  by  the 
authority  of  the  good  people  of  this  ftate,  doth  ordaltit  de^ 
termtne  and  declare,  Tii^jt  the  militia  of  this  ftate,  at  alt 
times  hereafter,  as  well  in  peace  as  in  war,  (hall  be  armed 
and  difciplined,  and  in  readioefs  for  fervice.  That  all  fuch 
of  the  inhabitants  of  this  (late,  being  of  the  people  called 
Quakers,  as  from  fcruples  of  confcience  may  be  averfe  to 
the  bearing  of  arms,  be  therefrom  excufed  by  the  legif- 
lature ;  and  do  pay  to  the  (tate  fuch  fums  of  money  in  lieu 
of  their  petfonal  fervice,  as  the  fame  may,  in  the  judgment 
of  the  legiflaturci  be  worth  :  Aqd  that  a  proper  magazine 
B  b    J  of 


3o6  Conjlitution  of  the  State  of  Netu-Tork. 

of  wailike  ftores,  proportionate  to  the  number  of  inhabi- 
tants, be  for  ever  hereafter  at  the  expence  of  this  (late,  and 
by  adlsof  the  legiflature,  eftabhihed,  maintained,  and  con- 
tinued in  every  county  in  this  ftate. 

XLI.  And  this  convention  doth  further  ordain,  determine 
and  declare,  in  the  name  and  by  the  authority  of  ihe  good 
people  of  this  ftate,  That  trial  by  jury,  in  all  cafes  in  which 
it  hath  heretofore  been  ufed  in  the  colony  of  New-Yoik, 
ftjall  be  eftablilhed,  and  remain  inviolate  for  ever.  And 
that  no  afta  of  attainder  (hall  be  paffed  by  the  legiflature  of 
this  ftate,  for  crimes  other  than  thofe  committed  before  th  ; 
termination  of  the  prefent  war  ;  and  that  fuch  afts  (hall 
not  work  a  corruption  of  blood.  And  furiher,  that  the 
legiflature  of  this  ftate  (hall  at  no  time  hereafter,  inftitute 
any  new  court  or  courts,  but  fuch  as  fliall  proceed  accord- 
ing to  the  courfe  of  the  common  law. 

XLI  I,  And  this  convention  doth  further,  in  the  name 
and  by  the  authority  of  the  good  people  of  this  ftate/ or  Jain, 
determine  and  declare.  That  it  (hall  be  in  the  difcretion  of  the 
legiflature  to  naturalize  all  fuchvperfons,  and  in  fuch  manner 
as  they  (hall  think  proper  ;  provided  all  fuch  of  the  perfons 
fo  to  be  by  them  naturalized,  as  being  bom  in  parts  be- 
yond fea,  and  out  of  the  United  States  of  America,  (hall 
come  to  fettle  in,  and  become  fubjefts  of  this  ftate,  (hall 
take  an  oath  of  allegiance  to  this  ftate,  and  abjure  and  re- 
nounce all  allegiance  and  fubjcftion  to  all  and  every 
foreign  king,  prince,  potentate  and  ftate,  in  all  matters 
ecclcfiaftical  as  well  as  civil. 

By  order, 

LEONARD  GANSEVOORT, 


Presid.  p.  T. 


ASs  of  Congrtfi. 


307 


AN  ACT  toprefcribt  the  Mode  in  which  the  public  ABls,  Recordt^ 
and  judicial  Proceedings  in  each  State,  Jhall  be  authenticated  f» 
as  to  take  Eff.Ci  in  every  other  State, 

BE  It  enabled  ly  the  Senate  and  Houfe  of  Reprefcntatives  nf  the 
United  Statei  of  {merica  in  Congrefs  ajenihled.  That  the 
afls  uf  the  legiflaturci  of  the  feveral  ftates  fhali  be  authen- 
ticated by  having  the  feal  of  their  refpeflive  Rates  affixed 
thereto  :  That  the  records  and  judicial  proceedings  of  the 
courts  of  any  ftate,  fhall  be  proved  or  admitted  in  any  other 
court  within  the  United  States,  by  the  atteftation  of  the  clerk, 
and  the  fe-^l  of  the  court  annexed,  if  there  be  a  Tea!,  together 
with  a  certificate  of  the  judge,  chief  juftice,  or  prefiding  ma- 
giftrate,  as  the  cafe  may  be,  that  the  laid  atteftation  is  in  due 
form.  And  the  faid  records  and  j  udicial  proceedings  authcn> 
ticated  as  aforefaid,  fliall  have  fuch  faith  and  credit  given  to 
them  in  every  court  within  the  United  States,  as  they  have 
by  law  or  ufdge  in  the  courts  of  the  ftate  from  whence  the 
faid  records  are,  or  fhall  be  taken. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice.Prefident  of  the  United  States, 

rnd  Prejident  of  the  Senate, 
Approved,  May  '■-.venty  fixUi,  1790  : 
GEORGE  WASHIN'  ^ .     .i,  Frcfident  of  the  United  States. 


AN  AC  r  relative  to  the  E/cdion  of  a  Prejident  and  Vice-Pref.. 
dent  of  the  United  States,  and  dec/ai  ing  the  Officer  ivho  Jliatl 
ail  as  Prejident  in  cafe  of  Vacancies  in  the  Offices  both  of  tre, 
Jident  and  Vice-  Preftdent. 

BE  it  enaScd  by  the  Senate  and  Htufeof  Reprefentatives  cf  the 
United  States  of  America  in  Co'ij^refs  dffembled,  That  ex- 
cept in  cafe  of  an  eledtion  of  a  Pieiident  and  Vice  Prefident 
of  the  United  States,  prior  to  the  ordinary  period  as  hereinafter 
fpecified,  eledlors  fhall  be  appointed  in  each  flate  for  the  elec- 
tion of  a  Prefuient  and  Vice  Prefident  of  the  United  States, 
within  thirty  four  days  preceding  the  firft  Wcdnefday  in  De- 
cember, one  thoufand  feven  hundred  and  ninety  two,  and  with* 
in  thirty-four  days  preceding  the  firft  Wednefday  m  Dec  ember 
in  every  fourth  year  fucceeJing  the  laft  eleftion.  which  elec- 
tors fhall  be  equai  to  the  number  of  Senators  and  Reprefenta- 
tives, to  which  the  feveral  Ra:e5  may  by  law  be  entitleil  at  the 
time,  when  the  Prefident  and  Vice  Prefident,  thu,-  to  be  cho- 
fen,  fhould  come  into  office :  Pio-.ided  ahvnys,  That  where  no 
apportionment  of  Reprefentatives  fhall  have  been  maJe  after 
any  enumeration,  at  the  time  of  chi;iing  eie^ors  then  the 

number 


3o8 


Acls  of  Congrefs, 


number  of  eltflors  fliall  be  according  to  the  exifting  appor- 
tionment of  Senators  and  Reprefentativef. 

And  be  it  further  cnaHed,  That  the  tledtors  (h?.ll  meet  and 
jive  their  votes  on  the  f.iid  fiift  Wednefday  in  December,  at 
fuch  place  in  each  ftate  as  (hall  be  diredled  by  the  legiflature 
thereof ;  and  the  eltdlors  ib  each  ftate  (hall  make  and  fign 
three  certificates  of  all  the  votes  by  them  given,  and  fliall  feal 
lip  the  fame,  certifying  on  each  that  a  lift  of  the  votes  of  fuch 
ftate  for  Prefident  and  Vice  Piefident  is  contained  therein,  and 
fhall  by  vvriting  under  their  hands,  or  under  the  hands  of  a 
majority  of  them,  appoint  a  perfon  to  take  charge  of  and  de- 
liver to  the  Prefident  of  the  Senate,  at  the  feat  of  government 
before  the  firft  Wednefday  in  January  then  next  tnfuing,  one 
of  the  faid  certificates,  and  the  faid  eledtors  fliall  forth  writ  h  for- 
ward by  the  poft-office  to  the  Prefident  of  the  Senate,  at  the 
feat  of  government,  one  other  of  the  faid  certificates,  and  fhall 
forthwith  caufe  the  other  of  the  faid  certificates,  to  be  deliver- 
ed to  the  judge  of  that  diftrldt  in  which  the  faid  dehors  (hall 
alTemble. 

And  be  it  further  enailed.  That  the  executive  authority  of 
each  Hate  fliall  caufe  three  lifts  of  the  names  of  the  electors 
of  fuch  ftate  to  be  made  and  certified,  and  to  be  delivered  to 
the  electors  on  or  before  the  faid  firft  Wednefday  in  Decem- 
ber, and  the  faid  eledlors  (liall  annex  one  of  the  faid  lifts  to 
each  of  the  lifts  of  their  votes. 

be  it  fui-iher  enaBed,  That  if  a  lift  of  votes,  from  any 
ftate  fhall  not  have  been  received  at  the  feat  of  government 
on  the  faid  fiift  Wednefday  in  January,  that  then  xhs  Secreta- 
ry of  State  fhall  fend  a  fpecial  mcffenger  to  the  diftiift  judge, 
in  vvhofe  cuftody  fuch  lift  (hall  have  been  lodged,  who  (hall 
forthwith  tranfmit  the  fame  to  the  feat  of  government. 

And  be  it  further  enaded,  That  Congrefs  (hall  be  in  feflion 
on  the  fecond  Wednefday  in  February,  one  thoufand  feven 
hundred  and  ninety-thvee,  and  on  the  fecond  Wednefday  in 
February  fucceeding  every  meeting  of  the  eleftors  ;  and  the 
faid  certificates,  or  ib  many  of  them  as  (hall  have  been  receiv- 
ed, (Itall  then  be  opened,  the  votj^counted,  and  the  perfons 
■who  (hall  fill  the  offices  of  PrefiieW;  and  Vice-Prefident  af- 
tertained  and  declared,  agreeably  to  the  Conftitution. 

J3nd  be  ii  further  etuiled,  That  in  cafe  there  fliall  be  no  Pre- 
fident of  the  Senate  at  the  feat  of  government  on  the  arrival 
of  the  perfous  entrufted  wjth  the  lifts  of  the  votes  of  the  elec- 
tors, then  fuch  perfons  (hall  deliver  the  lifts  of  votes  in  their 
cuftody  into  the  office  of  the  Secretary  of  State,  to  be  fafely 
kept  and  deliveted  over  as  foon  as  may  be,  to  the  Prefident 
of  ihe  Senute. 

And 


jids  of  Congrtfi, 


And  be  it  furtbtr  eracied.  That  the  perfons  appointed  by  the 
eieftors  to  deliver  the  lifts  of  votes  to  the  Piefident  of  the 
Senate,  (hall  be  allowed  on  the  delivery  of  the  faid  lifts  twen- 
ty-five cents  for  every  mile  of  the  eftimated  diftance  by  the 
moll  ulual  road,  from  the  pbce  of  meeting  of  the  eleftors^ 
to  the  feat  of  government  of  the  United  States. 

jind  be  it  further  enaCled,  That  if  any  perfon  appointed  to 
deliver  the  votes  of  the  eledlors  to  the  Prefident  of  the  Sen- 
ate, (hall  after  accepting  of  his  appointment,  negleft  to  per- 
form the  fervices  required  of  him  by  this  adl,  he  iTiall  forfeit 
the  fum  of  one  thouland  dcll.TS. 

Ar.d  be  it  further  enabled.  That  in  cafe  of  removal,  death, 
refignation  01  inability  both  of  the  Prefident  and  Vice  Prefi- 
dent of  the  United  States,  the  Prefident  of  the  Senate  pro 
tempore,  and  in  cal'e  there  fhall  be  no  Piefident  of  the  Senate, 
then  the  Speaker  of  the  Houfe  cf  Reprefentalives,  for  the 
time  being,  ihall  aft  as  Prefident  of  the  United  States  until 
the  diiibility  be  removed  or  a  Piefident  fnall  be  ele£ted. 

And  le  it  further  enabled,  Thit  whenever  the  offices  of  Pre- 
fident and  Vice -Prefident  (hail  both  beconae  vacant,  the  Secre- 
tary of  State  (hall  forthwi;h  caufe  a  notification  thereof  to  be 
made  to  the  executive  of  every  ftate,  and  fhall  alfo  caufe  the 
fjme  to  be  publllhed  in  at  leaft  one  of  the  iiewfpapers  printed 
in  each  ftate,  fpeciiying  that  elcdlors  of  the  Prefident  of  the 
United  States  fliall  be  appointed  or  cliofen  in  the  feveral 
flates  within  thiity-four  days  preceding  the  firft  Wednefday 
in  December  then  next  enfuing  :  Pionided,  There  lhall  be  the 
Ipace  of  two  months  between  the  date  of  fuch  notification  and 
the  faid  firft  Wednefday  in  December  ;  but  if  there  fhall  not 
be  the  fpace  of  two  months  between  the  date  of  fuch  notifica- 
tion and  the  firft  Wednefday  in  December,  and  if  the  term 
for  which  the  Prefident  and  Vice-Prefident  latt  in  office  were 
eltfled  flial!  not  expire  on  the  third  day  of  March  next  enfu- 
ing. then  the  Secretary  of  State  fhall  fpecify  in  the  notifica- 
tion that  the  elcftors  fh^ll  be  appointed  or  chofen  within 
thirty-four  days  preceding  the  firft  Wednefday  in  December 
in  the  year  next  enfuinff,  within  which  time  the  tle£lorSj(hall 
acccrdingly  be  appointed^r  chofen, and  the  eleftors  (liall  meet 
and  give  their  votes  on  the  faid  firft  Wednefdey  in  December, 
and  the  proceedings  and  duties  of  the  faid  eleftors  and  others 
lhall  be  purfuant  to  the  direflions  prefcribed  in  this  act. 

And  be  it  further  enailed,  That  the  only  evidence  of  a  refuf- 
al  to  accept,  or  of  a  lel'ignation  of  the  office  of  Prefident  or 
Vice  Prefident,  (hall  be  an  inftrument  in  writing  declaring 
the  fame,  and  fubfcribed  by  the  perfen  refufing  to  accept  or 
refigning,  as  the  cafe  may  be,  and  delivered  into  the  office  of 
Hhs  Secretary  cf  State.  And 


310       Money  of  Account  of  the  Slate  of  Neio-tori, 


And  be  it  further  ennded,  1  hat  the  term  of  fonr  ye^rs  for 
which  a  Prelident  and  Vice-Prefideiit  fhall  be  eledled  (hill  in 
all  cal'es  commence  on  the  fourth  d  >j  of  March  n^xt  fucceed. 
iiig  the  day  on  which  the  votes  of  the  eleftors  (hall  have  been 
given. 

JONATHAN   TRUMPUIX.  Sp^aier  cfthe 

Hoiiff  of  Reprefentatites. 

JOHN  ADAMS,  Vice  Prefulent  of  the  United  Statet, 
and  PrtJUent  of  the  Senate, 

AppRoved,  March  the  ift,  1791: 

GEORGE  WASHINGTON, 

Pi  efident  of  the  United  Statet, 


AN  act  relative  to  the  Money  of  Account  of  this  State. 
Paflerl  a7th  January,  1797. 

BE  it  enaSed  by  the  People  of  the  State  of  Neuu-Tork,  reprefent' 
ed  in  the  Senate  and  iffe-yibly.  That  fiom  and  after  the  firft 
day  of  July  next,  all  accounts  in  the  treafury  of  this  ftate  ; 
sil  accounts  in  the  county  treufurics  ;  all  accounts  in  the  fe- 
veial  other  public  office.',  within  th'.s  flate,  all  aflelVment  rolls, 
and  all  accounts  arifiiig  from  proceedings  in  the  courts  of 
juftice  within  this  ftate,  except  as  to  bills  of  coft,  fliall  be  kept 
und  made  out  in  thr  money  of  account  of  the  United  States, 
that  is  to  fay,  in  dollr-rs  or  units,  difmes  or  tenths,  cents  or 
hundredths,mills  or  th-^ufandths  ;  a  dollar  being  four  tenths  of 
the  pound  herttofote  uftd,  as  the  unit  of  money  of  account  in 
this  liate,  a  diimc  being  the  tenth  part  of  a  dollar,  a  cent  the 
hundredth  part  of  a  dollar,  and  a  mill  the  thoulandth  part  of 
a  dollar. 

And  be  it  further  enabled.  That  in  all  judgments  ard  decrees 
to  be  mndc  or  given  in  any  court  of  jultice  after  the  laid  firft 
day  of  July  next,  for  any  debt,  damages  or  colts,  the  amount 
thereof  (hall  be  computed  and  afcertained  as  near  as  may  be, 
in  dollars  and  cents,  rrjefting  leflTev  fiadtions  if  any,  and  in  all 
executions  to  be  iffued  thereon,  it  (hall  only  be  necelTary  to 
mention  the  faid  amount  in  dollars  and  cents.  And  no  judg- 
ment,  decree  or  .other  proceeding  fhall  be  confidered  as  erro- 
neous for  or  by  reaibn  of  the  omiiTion  of  the  fra6iional  parts  of 
a  ceiit  in  any  fuch  computation. 


SCHEDULE  of  the  whole  Number  of  Persons  iv'tthw  the 
feveral  DijlriOs  of  the  United  States,  taken  according  to 
An  Aft  providing  for  the  Enumeration  of  the  Inha- 
bitants of  the  United  SMt^,"  pajed  March  the  \Jl,  1790. 


1> 


^1  o  ^  J  00^  oj  *-  CO  cjo^i  o  N  -*       00  00'-^» 


O  -f^        ^         O  —   N    C?\->  00+->^-vJ^^N 

•N^-t*  N  O  ^1  i-ti  -f>-  4^  —  hi  O^O  OO-f^  ^  M 
VI  ^  N   Os-J  WIVOVN   00  O  N  \0   00  —  00 


••NO-f'N    —    ONb   OOWl   -  ^  ^ 
On  v^i        O  00 «  Ni  c>v>4  M  "vj  N  O       P  O 

Co  -^1    OO-JSO    0*>^^*»    biOA-f^    0'^>    CO  —  ^ 
t>j   00*-    hJ  -fi.  vO    GCOV00t^-+*-^   OO-^    O  O 

Vi        O  O  ►»  cyv«n  ^v*j^O00NNOO>^ 


Freeivhiti  mnles 
of  1 6  yean  an'l 
upwards  includ 
ing  heads  of 
families. 


Free  nuhite 
males  un,ie<- fix- 
teen  years. 


Free  •white  fe- 
males including 
heads  of fainiliet 


o  ~- J  "  04*  o>  -*»  O  O  C^«-»>  ^  ^ 


All  othiT  free 
perfons. 


i»  vo  ~j  o  M  N  w  ori»  ~  ~  N      z  « 

N  o  ^1  ^  c^  o  00-J         -tj  vo  £  £  — 

—  (j^\C}      ^  N      oooA  (J  M  on4*>  >:  z  ^  I 

^  ^  4k.  M  O  ON^  -vjvrt^^^k  OOM  n  00  CN  ' 


1»   00  4*  4^   —  OO-f^OJ  Ov~^  O  00 

O  ^  On  On-o  O        —  —  ^  cc  -  5  \n  oo  vi 

StO  4*  ^4  ^  CN»\0^^>i         4*    N>    DC  4^  OOOA 

M  oo*.>*  "—  ^  O  O04^^>*nO  O  ON'-n        O  VI  vO 


Truly  ftated  from  the  original  Returns  depofitcd  in  the  Office 
of  the  Secretary  of  State. 

TH:  JEFFERSON. 

OAober  «4>  i79i> 


* 


N  E  W .  Y  O  R  K. 

Summary  of  the  Totafs  of  the  different  Count'ie:  in  this  State. 


^  ^        oc  ->  I        O  0\0  *o  sO  »J 

^  oc  On  O-f^  •«  v-n  i-ri      '  i4 

—         I  tNi  00"^  -  I  01  o  ^  NO  to  oc ^  )  -J 

vO  NO        o  CM^>  IG  Oni-m  O  -J   On  O  n^ 

N        N  0\-^   —   o  N   O  O  -- 


ON 


04  OnOn^  ^J^•^^N^J^O»0  ^»  ^4*-t^H^ 
N  N^  N       00  oc-;*.  NO  ^  00  00  —  -1^ 
M  ooN^i  u  ^1  -ft-  o  — )  o  ^  NO 


^  MtN)-^Ul*«^00  H- 

On  Qnqj  —  qno^-o-j-On  oc  c 


N>3  M  1^ 


M    »•    <v>  -< 


No  NO    OnvO  nO    OC-ti».N>J  On>J4*.^ 
-t^   00  N>   »^   O   Onno   —   Ono  '  O  n>o  no 
-Jj-J  N»   On  On  O',n0  nQ    conQ    n  -Q 


i-i        ^    OCNO  ^  nO    OCW-i  4^  n>j    On  On o» 

ooNOoo-^i-^oii^N  0-+-  04^00 

N04*   |N>   cjOON"^   t>*   Onn»   —   O  -u 


00  — 
-t>.  No  OS 


Iji    (4  -J  NO    —UlOJNO  0<*» 

*j  to  4*  —  CO  On  O'-o  no  — 
4k.  vo   N  No   00  On4-  no  O 


Free  H'hite  males 
of  \6years\J  up' 
luardi  including 
head!  of  families. 

Tree  white  males 
under  16  yrars. 

Free  white  jt- 

mnles  including 
heads  offiimilies. 


All  other  p  ee 
perfons. 


Sla-iies, 


Aggregate  ictal. 

More  females 
than  mules. 

More  males  than 
females. 


New- York,  July  z6ih,  179U 


W.  S.  SMITH, 


END. 


STjmUB  JDV'TXMS. 

Treasury  Department, 
Washington,  ijl  September,  1800. 
PUBLIC  NOTICE  is  hereby  given, 

l^a  purfuanceof  an  A£l  of  Congreff,  pafTed  on  the  23d  day  of 
April,  1800,  entitled  "  An  Aa  lo  eftah.ijh  a  Central  Stamp' 
Office,"  ' 

THAT  a  General  Stamp  Office  ie  now  eftablifhed  at  the 
Seat  of  Government,  in  the  City  of  Wafliington,  frem 
whence  the>ewill  iffue,  from  and  after  the  d»te  hereof  (upon 
the  application  of  the  Supervifurs  of  the  Revenue,  under  whofe 
management  the  colledlion  of  the  Stamp  Duties  is  placed) 
any  quantities  of  Paper,  Parchment  and  Vellum,  marked  or 
ftamped,and  duly  counter-ftamped,  with  the  following  rates 
of  Duty,  which  are  demandable  by  law  : 

For  every  Jitn  or  piece  of  Vellum  or  Parchment,  or  fieet  or  piece 
of  P aper,  upon  ivhkh  Jhall  be  written  or  printed  any  or  either 
of  the  Irifirumentt  or  iVrllingi  following,  to  wit, 

A>'  n.  r. 

NY  Certificate  o^  Naturalization, 
Any  Licence  to  Pra"(^ice, .  or  Certificate  of  the  Admif 
fion,    Enrollment  or  Regiftry   of  any  Counfellor, 
Solicitor,  Attorney,  Advocate  or  Proftor,   in  any 
Court  of  the  United  States, 

Provided,  That  a  Certificate  in  any  of  the  Courts 
of  tVie  United"Statcs,  for  any  one  of  the  faid  offi- 
ces fhall,  fo  fat  as  relates  to  the  payment  of  the 
duiy  afortfakl,  be  a  fufficient  admiffion  in  all  the 
Courts  of  the  United  States,  for  each  and  every 
of  the  faid  offices. 
Any  Grant  or  Lellen  Patent,  under  the  feal  or  author- 
ity of  the  United  States,  (except  for  Lands  granted 
for  military  fervices)  -  .         .  • 

Any  Exemplification  or  Certifed  Copy  of  any  fuch  Grant 
or  Letters  Patent  (except  for  Lands  granted  for  mil 
itaty  fervices) 
Any  Charter- Parly,  Bottomry  or  Rtfpondentia  Bond, 
iArjy  Receipt  or  Difcharge  for  or  on  account  of  any  Leg 
acy,  left  by  any  Will,  or  other  Teltamentary  Inftru- 
*  mfBt  or  for  any  (hare  or  part  of  a  perfonal  Eltate, 


divided  by  force  of  any  ftatute  of  diftributlons,  other 
than  to  the  Wife,  Children  or  Grand-Children  of  the 
pcrfon  deceafed,  the  amount  whereof  (hall  be  above 
the  value  of  Fifty  Dollars,  and  fhall  not  exceed  the 
value  of  One  Hundred  Dollars, 

When  the  amount  thereof  lhall  exceed  the  value  of  One 
Hundred  Dollars,  and  (hall  not  exceed  Five  Hundred 
Dollars,  -  -  -  - 

And  for  every  further  fum  of  Five  Hbndred  Dollars,  the 
additional  fum  of  -  -  - 

Any  PoFicy  of  Infurance,  or  Inftrument  in  nature  there- 
of, when  the  fum  for  which  infurance  is  made  Hiall 
not  exceed  Five  Hundred  Dollars, 

When  the  fum  infured  fhall  exceed  Five  Hundred  Dollars, 

Any  ExempHJication  of  what  nature  foever,  that  (hall 
pafs  the  feal  of  any  Court,  other  than  fuch  as  it  may 
be  the  duty  of  the  Clerk  of  fuch  Court  to  furnifh  for 
the  ufe  of  ihe  United  States,  or  foroe  particular  State, 

Any  Bond,  Bill,  fingle  or  penal,  fnlnn<l  Bill  oj  Exchange, 
Promiffory  Note,  or  other  Note  (other  than  any  Kecog- 
sizance,  Bill,  Bond  or  other  Obligation  or  Contraft, 
made  to  or  with  the  United  States,  or  any  State,  or 
for  their  ufe  refpeftively  ;  and  any  Bonds  required  in 
any  cafe  by  the  Laws  of  the  United  States,  or  of  any 
State,  upon  legal  procefs,  or  in  any  Judicial  Proceed- 
ing, or  for  the  faithful  performance  of  any  truft  or 
duty) 

If  above  Twenty  Dollars  and  not  exceeding  One 
Hundred  Dollars,  •        -  • 

If  above  One  Hundred  and  not  exceeding  Five  Hun- 
dred Dollars,  .... 

If  above  Five  Hundred  and  not  exceeding  One  Thou- 
fand  Dollars,  -  -  -  . 

And  if  above  One  Thoufand  Dollars, 

Provided,  That  if  any  Bonds  or  Notes  (hall  be 
payable  at  or  within  ftxly  days,  fuch  bonds  or  notes 
(hall  be  fubjeft  to  only  two  fifth  parts  of  tht  duty  a- 
forefaid,  viz. 

If  above  Twenty  and  not  exceeding  One  Hundred  Dollarf, 
If  above  One  Hundred  Dollars  and  not  exceeding  Five 

Hundred  Dollars,  ■         -  -  - 

If  above  Five  Hundred  Dollars  and  not  exceeding  One 

Thoufand  Dollar*,       ...  - 


If  above  Oae  TTioufend  Dollais,  ... 
Any  Foreign  Bill  of  Exchange,  Draft  or  Order  for  the  pay 
ment  of  Money  in  any  foreign  Country, 

The  faid  duty  being  chargeable  upon  each  »nd 
every  Bill  ot  Exchange  without  refpcft  to  the  number 
contained  in  each  fet. 
Any  Note  or  Bill  of  Lading  or  Writing,  or  Receipt  in  na- 
ture thereof  for  goods  or  merchandize  to  be  exported  ; 
If  from  one  diftiidt  to  another  diftrift  of  the  United 

States,  not  being  in  the  fame  Stale, 
If  from  the  United  States  to  any  foreign  port  or  place. 
The  faid  duty  being  chargeable  upon  each  and  every 
Bill  of  Lading,  without  rcfpeft  to  the  ntt'.nber  contain 
ed  in  each  fet. 

Any  Notes  iffued  by  the  Banks  now  eftablirtied,  or  that 
may  be  hereafter  eftablilhed  within  the  United  States, 
other  than  the  Notes  of  fuch  of  the  faid  Banks  as  (hall 
agree  to  ao  annual  compofuion  of  one  per  centum 
on  the  annual  dividends  made  by  fuch  Banks,  to  their 
fiockholders  refped^ively,  sccording  to  the  follow'  fcale. 
On  all  Notes  not  exceeding  Fifty  Dollars,  "1  „. 

for  each  dollar  J   '  ' 
On  all  Notes  above  Fifty  Dollars,  and  not  exceeding 

One  Hundred  Dollars,         -  - 
On  all  Notes  above  One  Hundred  Dollars,  and  not  ex 

ceeding  Five  Hundred  Dollars, 
On  all  Notes  above  Five  Hundred  Dollars, 
Any  Protejl  or  other  Notarial  Aa, 

Any  Letter  of  Attorney.,  except  for  an  invalid  penfioB, 
or  to  obtain  or  fell  warrants  for  land  granted  by  the 
United  states  as  bounty  for  military  lervices  perform- 
ed in  the  late  war,  ... 

Any  Inventory  or  Catalogue  of  any  Furniture,  Goods,  or 
Effedls,  made  in  any  cafe  required  by  Law,  (except  in 
cafes  of  Goods  and  Chattels  diftrained  for  Rent  or 
Taxes,  and  Goods  taken  in  virtue  of  any  legal  Procefs 
by  any  Officer)  .... 

Any  Certificate  of  a  Share  in  any  Infurance  Company,  of  a 
Share  in  the  Bank  of  the  United  States,  or  of  any  (late 
or  other  Bank  ; 

If  above  Twenty  Dollars  aod  not  exceeding  One  Hun 
dred  Dollars,  .... 


n.  c 

If  above  One  Hundred  Dollars,  -  .  I 

If  under  Twenty  DolMrs,  at  the  rate  of  Ten  Cents 
for  One  Hundred  Dollars,  i 

That  ihe  power  of  the  Supervlfcrrs  of  the  Revenue  toNnark 
Of  ftamp  any  vellum,  parchment  or  paper  chargeable  with  du- 
ty, will  ceafe  and  determine  from  and  after  fix  months  from 
the  date  hereof,  to  wit,  on  the  laft  day  of  February,  1801. 

That,  if  any  perfons  fhall,  after  the  laft  day  of  February,^ 
1801,  have  in  their  cuftody  or  polTeflion,  any  vellum^  parch- 
ment or  paper,  marked  or  ilamprd  by  the  Supervifors  of  the 
Revenue,  upon  which  any  matter  or  thing,  charged  with  du- 
ty,  fliall  not  have  been  written  or  printed,  they  may  at  any 
time  •wlihin  the  /pace  of fixty  days  after  the  fa'td  laft  day  of  Fe- 
bruary, i&oi,  bring  or  fend  fuch  vellum,  parchment  and  pa- 
per, unto  fome  office  of  infpeflion,  and  in  lieu  thereof,  receive 
alike  quantity  or  value  of  vellum,  parchment  and  paper,  duly 
flamped,  in  purfuanceof  the  aft  herein  before  recited.  And 
in  cafe  any  perfon  fhall  neglcft  or  refufe,  within  the  time  afore- 
faid,  to  bring  or  caufe  to  be  brought  unto  fome  officer  of  in- 
fpeflion,  any  fuch  vellum,  parchment  or  paper,  it  is  hereby 
declared,  that  the  fame  will  thereafter  be  of  no  other  efFed.\ 
or  ufe,  than  if  it  had  never  been  marked  or  ftamped,  and  that 
all  matleis  and  thiigs,  which  may  after  that  time  be  writtcH 
or  printed  upon  any  vellum,  parchment  or  paper,  authorized 
to  be  <  xchanged  in  manner  aforefaid,  will  be  of  no  other  effect, 
than  if  they  had  been  written  or  printed  on  paper,  parchment 
or  vellum,  not  marked  or  ftamped. 

And  for  the  convenience  of  ttiofe  perfoRS  who  may  be  in- 
clined to  have  their  own  vellum,  parchment  and  paper  ftamp- 
ed or  marked,  it  is  hereby  dtdared,  t'lat  when  any  perfon 
fhall  dcpofit  any  vellum,  parchment  or  paper  at  the  office  of  3 
fupervifor,  accompanied  with  a  lift,  fpecifying  the  number 
and  denomination  of  the  ftamps  or  marks,  which  are  defired 
tobe  thereto  affixed,  the  fame  will  be  tranfmiited  to  the  Gen- 
eral Stamp  Office,  and  there  properly  marked  or  ftamped, 
and  forthwith  fent  back  to  the  fame  fupervifor,  who  will 
thereupon  collefl  the  duties  and  deliver  the  papi  r,  parchment 
or  vellum,  to  the  order  of  the  perfon  from  whom  the  fame 
was  received. 

Given  under  my  hand,  and  the  feal  of  the  Treafury,  a' 
IVaJh'mgton,  the  dny  and  year  ahrve  mer  tioned. 
(l.8.)      OLIVER  WOLCOTT,  becrelary  of  tht  Treafury. 


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